 |
English
|
正體中文
|
简体中文
|
Post-Print筆數 : 27 |
Items with full text/Total items : 114014/145046 (79%)
Visitors : 52054829
Online Users : 688
|
|
|
Loading...
|
Please use this identifier to cite or link to this item:
https://nccur.lib.nccu.edu.tw/handle/140.119/135111
|
| Title: | Unfair Competition Issues of Big Data in China |
| Authors: | 宋皇志
Sung, Huang-Chih |
| Contributors: | 科管智財所 |
| Keywords: | big data;data-driven economy;unfair competition;network traffic hijacking |
| Date: | 2020-09 |
| Issue Date: | 2021-05-25 11:13:03 (UTC+8) |
| Abstract: | The sound development of the market in the data-driven economy depends on the free and fair competition of big data in the industries. Since 2015, more and more unfair competition cases concerning big data have occurred in China, such as masking advertisement, click fraud, malicious incompatibility, and gathering user’s personal data from competitors by unfair means, which can be categorized to unfair competition about illegal collection/use of competitors’ big data and about network traffic. Whether China’s current legal system of anti-unfair competition can resolve the above-mentioned disputes is concerned in this article. As the Paris Convention only regulates the basic principles of “fairness” and “honest practice” for anti-unfair competition, member states have room to develop their own legal systems according to their special economic, social and cultural conditions. In order to usher in the era of digital economy and big data and to regulate more and more unfair competition events, China amended the Anti-Unfair Competitive Law in 2017 in which a new provision for regulating the operation of e-commerce was added. This article finds that the 2017 Amendment, which is far more specific and clearer than the Paris Convention, has significantly improved China’s ability to deal with unfair competition behaviors regarding big data. However, since the patterns of unfair competition in big data are changing and “innovating” quickly and constantly, law amendments will hardly or even never catch up with the changes, so judgement of unfair competition is inherently difficult. The court cannot determine that a company constitutes unfair competition simply because its business operations have substantially reduced the performance or operating effectiveness of its competitors. When judging whether an enterprise’s competitive behavior constitutes unfair competition, no matter the court is applying one of the specific provisions or the general provision, it is essential to consider whether the enterprise has malicious and dishonest practices. |
| Relation: | Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR), No.9, pp.187-204 |
| Data Type: | article |
| Appears in Collections: | [科技管理與智慧財產研究所] 期刊論文
|
Files in This Item:
| File |
Description |
Size | Format | |
|---|
| 38.pdf | | 138Kb | Adobe PDF2 | 262 | View/Open |
|
All items in 政大典藏 are protected by copyright, with all rights reserved.
|
著作權政策宣告 Copyright Announcement1.本網站之數位內容為國立政治大學所收錄之機構典藏，無償提供學術研究與公眾教育等公益性使用，惟仍請適度，合理使用本網站之內容，以尊重著作權人之權益。商業上之利用，則請先取得著作權人之授權。
The digital content of this website is part of National Chengchi University Institutional Repository. It provides free access to academic research and public education for non-commercial use. Please utilize it in a proper and reasonable manner and respect the rights of copyright owners. For commercial use, please obtain authorization from the copyright owner in advance.
2.本網站之製作，已盡力防止侵害著作權人之權益，如仍發現本網站之數位內容有侵害著作權人權益情事者，請權利人通知本網站維護人員(
nccur@nccu.edu.tw)，維護人員將立即採取移除該數位著作等補救措施。
NCCU Institutional Repository is made to protect the interests of copyright owners. If you believe that any material on the website infringes copyright, please contact our staff(
nccur@nccu.edu.tw). We will remove the work from the repository and investigate your claim.
