Research On The Judicial Cognizance Of The Act Of Filter Video Unfair Competition

With the development of network technology,there are more and more new unfair competition behaviors in the field of internet competition.The behavior of filtering video patch advertisement is a new kind of unfair competition behavior.Although the newly revised “Anti-unfair Competition Law” has added the "internet special clause",the unfair competition behavior of the filter video patch advertisement is still not listed explicitly,which can only be included in the regulation scope of the "pocket clause" in the "internet special clause",but this provision is not operable,and lacks relevant reference provisions in judicial practice,and the court has different standards for the determination of unfair competition behavior of filtering video patch advertisement.Therefore,it is of great significance to clarify the determination standard of unfair competition behavior in video patch advertisement and to make it be effectively regulated by law,so as to provide trial ideas and judgment standards for similar cases in the future.This article starting from the basic theory of the unfair competition behavior of the filter video patch advertisement,after analyzing the current situation of judicial determination of the unfair competition behavior of the filter video patch advertisement,it is concluded that the judicial practice in our country in the unfair competition behavior of the filter video patch advertisement,facing the referee rules is not clear,the referee thinking is not clear and specific regulation is not perfect,etc.Through the study of domestic and foreign legal provisions and judicial cases,this article clarifies the judgment rules of the unfair competition behavior of the filter video patch advertisement,further clarifies the judgment thinking of identifying the behavior and improves the specific regulation of the behavior,In order to provide reference for hearing similar cases in the future.