Legal objectivity:

(1) Legal regulation of the mixing of subjects in e-commerce Competitors use the mixing of subjects in e-commerce to engage in unfair competition, mainly using other people’s trademarks and trade names , manufacturer name or the unique name, packaging and decoration of well-known products. In the current legislation of our country, the legal basis for preventing the mixing of entities in e-commerce mainly includes the Trademark Law, the Anti-Unfair Competition Law and the trade name legal system. Regarding the mixing of entities in e-commerce, the main legal provisions that can be used as a basis for complaints or prosecutions in accordance with the "Anti-Unfair Competition Law" are: Article 2 of the Law stipulates that "Operators shall abide by voluntariness, equality, and fairness in market transactions." , the principle of good faith, and abide by recognized business ethics. "Unfair competition" refers to behavior that violates the provisions of this law, damages the legitimate rights and interests of other operators, and disrupts the social and economic order. "Article 5 stipulates that operators shall not "counterfeit." Registered trademarks of others; unauthorized use of the unique name, packaging, and decoration of well-known goods, or use of names, packaging, and decoration similar to those of well-known goods, causing confusion with other people's well-known goods, causing buyers to mistakenly believe that they are the well-known goods; unauthorized use Article 9 of "Using other people's business names or names to mislead people into thinking they are other people's goods" stipulates: "Operators shall not use advertising or other methods to make misleading and false propaganda about the producer and origin of goods." As long as one can prove that the illegal operator has used his own trademark, trade name, unique name of well-known goods, packaging, decoration, etc. without authorization, and it is enough to cause confusion in e-commerce, it can be determined that the actor has violated the principles of fairness, good faith and good faith. It is recognized that business ethics is an act of unfair competition that disrupts market order, and illegal operators can be held legally responsible in accordance with Article 21 of the Anti-Unfair Competition Law. Internet users should pay attention to protecting their website names. The website name is the most commonly used name for the website. In a sense, it is the Chinese version of the domain name and is closely related to the corporate image. However, the website name is not equal to the company's trade name, name and domain name. Because the website name is attached to the website rather than the company. The reason why we particularly emphasize the need to protect users’ website names here is because many online users currently have a clear understanding of the importance of domain names, trademarks and other commercial identifiers, but do not know enough about website names and are often ignored; Since the website name is related to the corporate image, it will naturally become a tool for others to carry out unfair competition. In addition, my country's current legal system does not have clear provisions on the protection of website names, which is a loophole exploited by some people with ulterior motives. Some people have now called for "a protection system for website names to be established" and the website name to be included in the website registration management system [7]. But after all, this "system" has not yet been established. Website owners can protect their websites through trademark law. Name, that is, treating the website name as a service trademark and registering it with the relevant department for protection. (2) Legal regulations on goodwill infringement in e-commerce Although goodwill infringement in the online environment has different forms, they all have two constituent elements, namely, the infringer fabricates and spreads false facts and has the subjective purpose of damaging the competitor's goodwill. . Special attention should be paid to the fact that goodwill infringement in the Internet environment uses the Internet as a tool to implement infringements. One of the main differences between the Internet and other media such as newspapers, radio, and television is that the scope of communication is wider and global. Therefore, the consequences of online goodwill infringement are often more serious than those of general goodwill infringement, and the losses caused are even greater. In view of this, Internet users should pay special attention to the protection of their own goodwill online. On the one hand, you can use network technology to technically protect the carriers of your goodwill, such as trademarks, domain names, "anchors", website names, etc., and add technical passwords to reduce the probability of goodwill being infringed; on the other hand, when your goodwill After being infringed, you must dare to take up legal weapons to protect your goodwill rights. Paragraph 1 and Article 14 of Article 2 of my country’s Anti-Unfair Competition Law are both the basis for prosecution in resolving goodwill infringement disputes. (3) Legal Regulation of Trade Secret Infringement in E-Commerce According to the current legislative situation in my country, various forms can be adopted to protect the trade secrets of network users in the network environment, each based on different laws. On the one hand, Internet users can protect business secrets by entering into confidentiality contracts or adding confidentiality clauses in the contracts. This is a commonly used method of protection. When the other party violates the contract and infringes upon our business secrets, the other party can be required to bear liability for breach of contract in accordance with the relevant provisions of the Contract Law.

The expansion of information networks into information trade has raised two questions for network users: after the trade is concluded, how to ensure that the transferee does not disclose business secrets to the outside world during the performance period and for a certain period of time after the expiration of the agreement; if the transaction is not concluded, , how to ensure that the other party does not use or disclose business secrets to the outside world. This is something you need to pay special attention to when entering into a confidentiality agreement. On the other hand, Internet users can protect their business secrets in accordance with my country’s Anti-Unfair Competition Law. When their trade secrets are infringed upon, the right holder can obtain civil and administrative protection in accordance with the Anti-Unfair Competition Law. Article 20 of the Law stipulates that whoever infringes upon a trade secret and causes damage to its owner shall be liable for damages, and the right holder may file a civil lawsuit in court; Article 25 of the Law stipulates that any infringement in violation of Article 10 of this Law shall In the case of commercial secrets, the supervision and inspection department shall order the illegal conduct to cease and may impose a fine of not less than RMB 10,000 but not more than RMB 100,000 depending on the circumstances. On the other hand, Article 219 of my country’s Criminal Law also specifically stipulates the crime of infringement of trade secrets. When necessary, this will also become an important basis for Internet users to protect their trade secrets. (4) Legal regulations on domain name squatting and trademark infringement on Internet homepages First of all, in view of the increasingly serious conflict between domain names and trademarks, and the legislative misalignment between the trademark system and the domain name system, in order to reduce domain name and trademark conflicts as much as possible, promote In the development of e-commerce, the first task is to publicize and encourage companies to go online as soon as possible and register their own domain names. When companies apply for domain name registration, they need to pay attention to the following points: In our country, domain name registration is handled by the China Internet Network Information Center; when the domain name registrant has different views on the objections raised by the trademark and business name registrants, the "Measures" do not provide for review Procedure; the "Measures" do not stipulate the time limit for trademark owners to raise objections to domain name registration; if no one raises an objection, conflicts between trademarks, trade names and domain names will not be stopped. Secondly, when an enterprise's trademark or trade name conflicts with a domain name, there are two methods that can be tried to resolve it. One is to solve it through the domain name registration agency. When it is discovered that the trademark or trade name of an enterprise has been registered as a domain name by others, the trademark owner or trade name user should promptly raise an objection to the domain name registration agency. According to the "Measures", after an objection is filed, domain name services will automatically stop 30 days after it is confirmed that the trademark owner has the exclusive right to use the trademark. The second is to resolve it through judicial organs. If a company's well-known trademark conflicts with someone else's domain name, and the trademark owner believes that someone else's domain name registration is enough to cause confusion with its own trademark in practice and cause damage to itself, and it has indeed infringed its own trademark rights, it can rely on my country's "Trademark Law or the Anti-Unfair Competition Law. Of course, resolving conflicts in this way is limited to conflicts between well-known trademarks and domain names. Thirdly, when an enterprise's trademark or trade name conflicts with someone else's domain name, it is "a wise remedial move" to negotiate with the party who has previously registered its well-known trademark or trade name as a domain name and claim back its own domain name. If the domain name is the same as or similar to its own trademark or trade name, it will undoubtedly bring a lot of trouble to the future business practices of all parties. If one party increases its investment in advertising for the trademark and trade name, it will worry about publicity for others; it will increase its own sales and quality. Management on the other side is worried that it will improve the reputation of the other party; if one party makes mistakes in its reputation, it will lead to losses for both parties, etc. Therefore, whether others are maliciously registering or are coincidentally similar, when it is impossible or inconvenient to resolve the conflict through other means, it is wiser to cause the opponent to transfer their domain name for free or at a low price through friendly negotiation. Finally, clarify the intellectual property status of domain names and protect domain names in accordance with the law. The intellectual property nature of domain names is still controversial in academic circles. Some people regard domain names as commercial mark rights along with trademarks and trade names. Some people argue that the law should give domain name registrants special domain name rights as a new and independent intellectual property right. category. Overall, the identifying characteristics of domain names and their role in e-commerce determine that domain names are indeed a type of intellectual property. Therefore, if an Internet user's domain name is infringed, he should be able to protect his rights and interests in accordance with the provisions of my country's "Anti-Unfair Law" regarding "counterfeiting" and "misleading". If the domain name user does not have a registered trademark, or his domain name is inconsistent with his registered trademark, he should apply for registration of his domain name as a trademark as soon as possible. In this way, my country's relatively complete trademark legal system can make up for the imperfection of the domain name system and fully protect himself. domain name. (5) Legal Regulation of Monopolistic Behavior in E-Commerce Under the existing legislative framework, the main basis for stopping monopoly in e-commerce is the provisions of Articles 6 and 7 of the Anti-Unfair Competition Law.

Article 6 of my country's "Anti-Unfair Competition Law" stipulates: "Public utility enterprises or other operators with an exclusive position according to law shall not restrict others from purchasing the goods of their designated operators in order to exclude other operators from fair competition." Article 7 Article 1 stipulates: "The government and its departments shall not abuse their administrative power to restrict others from purchasing the goods of its designated operators and restrict the legitimate business activities of other operators. The government and its departments shall not abuse their administrative rights to restrict foreign goods from entering the local market. , or local goods flow to other markets.” It can be seen that it is difficult to effectively prevent unfair competition in e-commerce with these two simple provisions. To regulate monopoly in e-commerce, the introduction of antitrust laws is urgently needed. my country's Anti-Monopoly Law has not been enacted despite repeated calls. The fundamental reason is that administrative monopoly is deeply rooted in China's economic system, and local protectionism has become the main factor hindering the introduction of the Anti-Monopoly Law. Some people one-sidedly emphasize that China's market economy is not yet mature. , economies of scale have not yet formed, and there is no urgency to formulate antitrust laws. In fact, the anti-monopoly law does not absolutely prohibit the monopoly state itself, but to prevent the abuse of monopoly status. Therefore, the anti-monopoly law will not hinder the development of economies of scale; monopoly in the development of China's market economy, including monopoly in e-commerce, has become a shackles Obstacles to the further development of the market economy, antitrust aims to protect the development of the market economy.