Comment On The Case Of Sogou V.baidu Unfair Competition Dispute

The new “Anti-injustice Competition Law” provides a strong legal guarantee for the healthy and stable development of China's market economy.Article 12 of this law lists the acts of unfair competition on the Internet.However,when the Internet and competition model progress,Article 12 cannot fully cover the emergence of unfair competition behaviors on the Internet,and some problems have arisen in practice.This article conducts a series of researches on Sogou v.Baidu unfair competition disputes in order to provide suggestions for the solution of the problem.The case has gone through two trial procedures: first instance and second instance.In the trial process,there are four main dispute points: first,the determination of unfair competition relations;second,the unfair competition behavior beyond the enumeration of the law,the determination of unfairness;the third,as the parties to the unfair competition dispute case The division of burden of proof;the fourth is how the defendant should bear responsibility.This article comprehensively analyzes the cases,and finally draws the following conclusions: First,not only in legislation or judicial practice,the competition relationship in unfair competition dispute cases has been broadly understood,that is,in different industries.Can also constitute a competitive relationship;second,for competition that is not within the scope of the law,you can analyze whether there are unfairness based on general terms and comprehensive consideration of various factors;third,according to the provisions ofChina's civil procedure law,The plaintiff shall provide proof of the three constituent elements of the infringement case,and the defendant may prove that the constituent elements are not valid,and may prove the legitimacy of the act to prove that there is no unfair competition.Fourth,it is necessary to distinguish between the plaintiff's damage and the In the absence of specific compensation rules,the difference between losses can also be calculated by referring to other legal provisions,such as patent infringement and trademark infringement.Whether legal compensation is necessary,despite disputes,can still play a corresponding role.Judges also need to refer to various factors when determining the amount of compensation,so that compensation can regulate behavior and show the principle of fairness.