The Research On Determination Of Link Jump Unfair Competition

The new "Anti-Unfair Competition Law of the People's Republic of China" was modified on January 1,2018.Online unfair competition was formally identified as an unfair competition.One of the manifestations of behavior,but the Internet terms only lists the manifestations through the court's experience in dealing with relevant judicial examples.Facing the rapid development of the Internet,this terms have caused problems such as the lag in the determination of unfair competition on the Internet.Therefore,it is necessary to study the identification of unfair competition on the Internet.Among them,Article 12 of the "Anti-Unfair Competition Law" specifically mentions "link jump" as a new type of network unfair competition.However,the issue of determining "link jump" is still controversial in practice.The cases of "Iqiyi v.Sogou" and "Baidu v.Sogou" are cases of unfair competition on the Internet caused by the "link jump" function in recent years.The plaintiffs in both cases are based on the Sogou input method operated by the defendant Sogou company.The software provides a "search candidate" function to file a lawsuit,meanwhile,when a user searches using Sogou input method,a candidate word will be displayed below the search box,and the candidate word itself is also a link.The user will be forced to jump after clicking the candidate word jump to the Sogou search results page operated by Sogou.The "Baidu v.Sogou" case is based on the expanded application of the general provisions of the "Anti-Unfair Competition Law",and the "Iqiyi v.Sogou" case is based on the general terms of the "Anti-Unfair Competition Law" and the application of the Internet unfair competition provisions.However,these two cases have different judgment results,so study of these two cases is extremely important for determining the unfair competition of "link jumps".The main body of this article is composed of four parts: the first part is to work out the relevant theories of network unfair competition and clarify the concept of network unfair competition;the second part is to expound the case facts and the trial results,mainly focusing on the differences between Baidu case and Sogou case.The trial results of the case were summarized,this part was divided into the following four angles: Whether the plaintiff violated business ethics,whether the defendant violated the plaintiff's legitimate rights and interests,whether the defendant violated the legitimate rights and interests of consumers,and whether "search candidates" constituted technology neutrality.The third part is the legal determinationof unfair competition of link jumps.It analyzes the legal relationship of unfair competition,the issue of technology neutrality,and the application of laws.The fourth part is the suggestions for regulating unfair competition of link jumps.