Categorization of Unfair Competition Conduct under the Bifurcation of Goods and Selling Arrangements
Neither Anti-unfair Competition Law amended in 2017 nor the draft amendments released in 2022 established the categorical methods for unfair competition conduct,thus making the regulation of internet unfair competition merely summarizing judicial precedents.The judiciary has set the purpose of unfair competition law to protect business ethics,and developed the principle of no interference except for public interest.However,this principle can only explain three types of unfair competition conduct,namely,market confusion,trade secret and good will.The examination of other types of unfair competition conduct and the comparative study demonstrate that unfair competition conduct can be categorized based on the bifurcation of goods and selling arrangements.The former protects results from long-term business operation based on goods,and is thus subject to the principle of no interference except for public interest.The latter only interferes with particular selling arrangements,and should be in principle allowed and prohibited only in exceptional cases for public interest.Such an approach is also applicable to internet unfair competition.
万方数据
维普
