Modern Social Science Research

In the era of Internet economy, the implicit use of web page keywords has become an important means for competitors to seize market resources. But this behavior has the legal risk of triggering a lawsuit to a certain extent, and it is easy to be identified as an unfair competition act. However, in response to this problem, there are gaps in our country’s legislation, and the judiciary presents the chaos of “ different judgments for same case and similar cases”. Therefore, it is necessary to comb the typical cases of implicit use of keywords in judicial practice and summarize the judgment opinions. In fact, there are obstacles in the way to determine that such acts constitute unfair competition based on the general provisions in the Anti-Unfair Competition Law, while the application of Article 6 of the Act and the incorporation of confounding factors with reference to American judicial practice can reasonably solve this problem.

Unfair competition; Implicit use of keywords; General terms; Confounding factors