“3Q"The battle has come to an end Experts explain business slander
2011Year04month27日15:35 Source:People's Daily Online-Rule of Law Channel Reporter Yang Mengchen
4month26日, the much-watched Tencent lawsuit360The unfair competition case was pronounced in the first instance at the Chaoyang District Court in Beijing. The court found that three defendants, including Beijing Qihoo Technology Co., Ltd., were engaged in unfair competition and ordered them to stop issuing and using the "360Privacy Protector”V1.0Betaversion software, consecutive30Sunday publicly eliminates the adverse impact of the infringement on the plaintiff and compensates the plaintiff for its losses40Ten thousand yuan. Reporters interviewed on issues related to the Anti-Unfair Competition Laww88 casino Law w88 casinoHuang YongProfessor。
Huang Yong emphasized that the anti-unfair competition law mainly regulates behaviors in the market that violate the principle of good faith in market transactions, violate recognized business ethics, damage the legitimate rights and interests of other businesses, and disrupt the social and economic order.
According to Huang Yong, my country’s current anti-unfair competition law lists eleven types of behavior, including market confusion, commercial bribery, misleading and false publicity, infringement of w88 secrets, unfair prize sales, commercial slander and other unfair competition behaviors, as well as other behaviors that exclude and restrict competition.
The behavior of defaming goodwill refers to the behavior of operators fabricating and spreading false facts to damage the business reputation and product reputation of competitors, thus weakening their competitiveness. In Tencent and36010974_10988360Privacy Protector" monitoring prompt words and interface words, and "36011065_11137
It is understood that the Anti-Unfair Competition Law does not stipulate administrative legal liability for commercial defamation. Huang Yong explained that for the unfair competition behavior of commercial defamation, the law only stipulates the liability for civil compensation, and there is no specific provision for administrative liability. Under normal circumstances, parties concerned can only go to the court to request civil legal relief. Therefore, when hearing a commercial defamation case, the court will make a judgment on compensation or punishment according to the specific circumstances of the case. In Tencent and36011342_11365400The specific basis for the compensation amount of 11392_11456| Therefore, based on factors such as the degree of subjective fault of the three defendants in this case, the scope of the unfair competition behavior and the consequences of damage, the three defendants were finally sentenced to compensate the plaintiff for losses40Ten thousand yuan.
Original link:http://tom.legal.people.com.cn/GB/203936/14498626.html
