Legal provisions of anti-unfair competition law on unfair competition in the network

The provisions of the Anti-Unfair Competition Law on the Internet are as follows:

The revised Anti-Unfair Competition Law was passed, and many of them involved the Internet. It can be said that these regulations came into being under the current Internet background. The unfair competition behavior in the Internet field is partly an extension of the traditional unfair competition behavior in the Internet field, and partly an unfair competition behavior that is unique in the Internet field and conducted through technical means. For the former, the Anti-Unfair Competition Law (20 17) has added new situations to the corresponding provisions, while for the latter, the law has set up a special article to regulate it. The author will comprehensively sort out the internet elements embodied in the revised law with cases.

At present, the Internet has become an important territory for more and more market players to publicize and even operate. Internet-related logos, such as domain names, website names and web pages, have been able to distinguish and identify market participants. For example, in the case of unfair competition dispute between Beijing Hu Ba Information Technology Co., Ltd. (hereinafter referred to as "Hu Ba Information Company") and Hu Ba Tongcheng (Beijing) Real Estate Agency Co., Ltd., the court held that the word "58 Tongcheng" has established a specific and stable connection with the website operated by Hu Ba Information Company and the services provided by the website, and has achieved significance enough to distinguish the sources of goods or services. It can be seen that the market logo in the Internet field is also easily eroded by commercial confusion. This paper regards this as a type alone and recognizes the distinguishing and identifying functions of this new type of market logo. Moreover, the word "equality" is summarized in this article, which shows its openness and reserves space for the protection of new logo types that appear in the Internet field in the future due to the progress and development of technology.

The manifestations of unfair competition on the Internet are as follows:

1, monopoly uses its dominant position to crowd out competitors.

2. Infringement of trademark rights and commercial confusion: counterfeiting the registered trademark of others, forging or fraudulently using the name or shop name of others, and the unique or similar name, packaging and decoration of well-known commodities, resulting in confusing, mistaken and misleading false representations.

The above acts of unfair competition shall be governed by the provisions of the Anti-Unfair Competition Law.

legal ground

anti- unfair competition law

Article 2 Operators shall follow the principles of voluntariness, equality, fairness, honesty and credibility, and abide by laws and business ethics in their production and business activities.

Unfair competition as mentioned in this Law refers to the acts of business operators in violation of the provisions of this Law, disrupting the order of market competition and harming the legitimate rights and interests of other business operators or consumers.

Operators mentioned in this Law refer to natural persons, legal persons and unincorporated organizations engaged in the production, operation or provision of services (hereinafter referred to as commodities, including services).