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- Title
互聯網不正當競爭案件 裁判法研析.
- Authors
祝建軍
- Abstract
Mastering the judgment method of internet unfair competition cases is crucial for the judge to accurately judge the unfair competition cases and the party to a case to win the lawsuit.Judging substantive facts of the Internet unfair competition case should follow the “trilogy” method, in others words judges shall identify and handle entity problems in three steps when hearing a case about internet unfair competition, that is: “Finding out whether the plaintiff has the rights or not, Identifying whether the defendant constitutes infringement or not, Considering whether the defendant should bear responsibility or not and how”. This article aims to through summarizing the experience of judges’ unfair competition cases and using the method of combining theory with practice to citing fresh cases to analysis the procedural and substantive issues (“Ttrilogy” Method) of the internet unfair competition cases.
- Publication
Financial & Economic Law Review, 2017, Issue 40, p61
- ISSN
1815-008X
- Publication type
Article
- DOI
10.3966/1815008X2017050040003