| The continuous innovation of Internet technology has driven the vigorous development of the Internet economy,and at the same time has intensified the intensity of business competition,a large number of new types of unfair competition have emerged.It harms the legitimate interests of operators and consumers,and also damages a fair and orderly competitive environment.Based on this situation,my country revised the "Anti-Unfair Competition Law" in November 2017,adding Article 12 "Internet Special Article".The Supreme People’s Court also issued the "Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of the Anti-Unfair Competition Law of the People’s Republic of China" on March 16,2022,aiming to effectively address the current competition chaos in the Internet field from a legal perspective rules.Based on the latest legislative developments and the case studies since the implementation of the "Internet Special Provisions" for four years,To explore the problems in the judicial application of the "Internet Special Provisions",this paper proposes improvement suggestions and improvement measures for the better application of the "Internet Special Provisions".Excluding the introduction and conclusion of the article,this article is divided into the following four parts:Chapter 1 Analysis of Types of Unfair Competition on the Internet: This chapter starts from the current legal norms and clarifies the extension of unfair competition on the Internet,including confusion,false propaganda,infringement of trade secrets and other traditional unfair competition and traffic hijacking,interference judgment,malicious incompatibility and other new types of unfair competition behaviors.On this basis,it makes a general analysis of the characteristics of the new Internet unfair competition behavior.Chapter 2: Empirical Analysis of the Status Quo of Judicial Application of "Internet Special Provisions" : Based on the case data extracted and summarized from judicial practice,this chapter sets up four variables: case time distribution,protection of subject interests,determination of competition relationship,and specific applicable provisions.The current situation of judicial application of "special article" is presented,analyzed and discussed as a whole,which lays a solid foundation for the following theoretical analysis.Chapter 3 Judicial Application Issues and Causes of "Internet Special Provisions" :This chapter analyzes the judicial application of "Internet Special Provisions" from four aspects: the protection of subject interests,the application of general provisions,the application of typed provisions,and the understanding of competition relations.Problems and causes are analyzed.Chapter 4 Suggestions for Improvement of Judicial Application of "Internet-Specific Articles" : Oriented to the above-mentioned issues,the improvement su ggestions are divided into three aspects: adhering to the concept of adjudication of the balance of multiple interests,optimizing the application of specific prov isions,and extending the understanding of the competition relationship in the I nternet field.Through the analysis of specific suggestions,the direction for the judicial application of the "Internet Special Provisions" is pointed out. |
