Research On The Application Of Pre-litigation Injunctions In Unfair Competition On The Internet

The rise and development of the Internet industry has brought earth-shaking changes to the world.While the Internet companies are advancing rapidly following the tide of the times,they are also facing increasingly fierce competition.In the complicated Internet market environment,if you want to be invincible,you must give play to your own advantages and master the core technology to gain a competitive advantage.In this fierce competition,some operators attempt to seize the market through illegal competition to obtain illegal benefits,and the booming development of the Internet industry has also promoted the constant refurbishment of unfair competition methods and various forms of expression.It is obviously difficult to achieve the desired effect by trying to continuously modify the legislation.The lag of legislation determines that when facing unfair competition disputes on the Internet,other means must be relied on to stop the disputes in time and maintain the normal competition order.The interlocutory injunction is a system that originated in the common law system and has a long history in the civil law system.It has not been seen in the legal system of our country until the beginning of this century.Early in the WTO,the content of stopping pre-litigation infringement was added to the intellectual property law,and the scope of application of the interlocutory injunction has been limited to the field of intellectual property for a long time.With the constant emergence of unfair competition cases in judicial practice,the timely and efficient features of the interlocutory injunction system just fit the practical needs of strengthening the regulation of unfair competition behavior on the Internet after the conventional litigation methods cannot achieve the desired results.Related provisions on behavior preservation were added to the newly revised Civil Procedure Law in 2012.The application of the interlocutory injunction in civil areas other than intellectual property rights has a clear basis.The judicial interpretations issued since then provide a more operational rule.However,the current application of the interlocutory injunction to unfair competition on the Internet still has many problems such as unclear positioning of functions,unclear review standards,and incomplete procedures.This article hopes to pass the application of the interlocutory injunction in the field of unfair competition on the Internet.Analysis,providing constructive suggestions to cope with the growing unfair competition on the Internet.The first chapter of this article first explains the concept and type of Internet unfair competition,and the prominent features of the current Internet unfair competition.Then it analyzes the application of the interlocutory injunction system outside the country and in the country,and finally proposes the current Internet unfair competition.The problems existing in the application of pre-litigation injunctions in order to elicit the contents of Chapters 2 and 3 are analyzed from the two aspects of the substantive and procedural issues faced by the application of pre-litigation injunctions in Internet unfair competition disputes.The second chapter of this article analyzes the substantive issues of the application of the interlocutory injunction in the unfair competition on the Internet.This chapter will focus on the analysis from two perspectives.The first is the functional positioning of the pre-litigation injunction.At present,the interlocutory injunction system has a tendency to be "this case" and the value of justice and efficiency in the application of unfair competition on the Internet.Functional positioning issues such as conflict need to be clarified theoretically;the second is the review standard of pre-litigation injunctions,which will mainly proceed from China's current laws and regulations and combine relevant typical cases of unfair competition on the Internet to study various review standards in judicial practice Problems highlighted when applicable.The third chapter of this paper analyzes the procedural issues of the application of the interlocutory injunction in the unfair competition on the Internet.This chapter will combine the characteristics of the Internet unfair competition and the procedural problems of the interlocutory injunction in the field of intellectual property,and combine relevant cases to analyze the procedural issues of applying the interlocutory injunction in the Internet unfair competition.The fourth chapter of this article is to put forward corresponding perfect suggestions for the entity and procedural issues analyzed in the previous two chapters.In this chapter,the function of the interlocutory injunction system in Internet unfair competition cases will be clarified based on the characteristics of Internet unfair competition disputes.Positioning,re-examination of the application of the interlocutory injunction review standard in the special Internet unfair competition field,and how related review procedures should be improved,with a view to providing reference and reference for the interlocutory injunction system to better apply to Internet unfair competition disputes.