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The Study of Trademark’s PPC

Author: LiRong
Tutor: LiYuFeng
School: Southwest University of Political Science
Course: Legal
Keywords: Trademark infringement Initial confuse Anti-Unfair Competition Duty of care PPC
CLC: D922.294
Type: Master's thesis
Year: 2011
Downloads: 100
Quote: 0
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Abstract


The emergence of search engines makes us more convenient access to information on the Internet, with which we no longer have to remember long strings of the domain name. However, the search engine PPC brings us the result is not entirely based on a technology-neutral and search out the results, but through the auction determines the level of the position before and after the sort. Operators in order to attract the attention of consumers, often a competitor's trademark and especially build enormous goodwill of well-known trademarks as keywords to PPC to lure consumers to their own website for information. This behavior, China's Trademark Law and other related laws, this provision does not clear, so we identified certain difficulties when the nature of the infringement of such acts, academia understanding and therefore I believe that necessary to do further research. The integrated use of the following research methods: emphasis on social values ??and public interest law philosophy and research methods, and emphasis on markets and efficiency and optimizing resource allocation law and economics analysis methods and an emphasis on the empirical analysis of specific examples of application method. Based on the analysis of the mass v. Baidu case, summed up the research results at home and abroad on the search engine service provider, also put forward their point of view. In addition to the introduction and conclusion, is divided into five parts, the third of four parts focus mainly on the different views of scholars on the behavior of the initial confusion, and by assessing their point of view to put forward their own views. The first part is the Introduction to the case. Summed up the case in the second part of the two focuses: one trademark PPC qualitative and search engine service provider in the share of the attention in this service obligations; This behavior applies to trademark infringement or unfair competition to regulate. The third part is around the upper part of the two focus academia there are disputes and differences. Pricing ranking nature of the differences is the advertising or search engine service; Overview The second focus of the controversy, the first analysis of the regulation can not be confused, and then focus on the initial theory do an overview, trademark infringement and not The two views of legitimate competition to do a comparative analysis. The fourth part of the research findings, the fifth part of the case is brought to us by revelation. In two parts, the author put forward their point of view: (1) PPC as a paid service, Baidu natural to assume a certain duty of care, but in the interests of social considerations, such a duty of care should be limited only in form of review; (2) China is not suitable for expanding the scope of existing trademark law, trademark law, unfair competition law can be used include a variety of legal regulation of the initial confusion behavior. (3) the need to further clarify the relationship between anti-unfair competition law and trademark law and other intellectual property rights in particular law only correctly treated and strengthen the Anti-Unfair Competition Law on the protection of intellectual property rights, the protection of intellectual property rights can only improve.

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