The website sells the keyword is the International convention

Absrtact: The search market pattern Beijing Real Estate market is hot, many people are accustomed to search the second-hand House transaction website on the Internet. The reporter found that on the Baidu website, the domestic several big real estate intermediary all bought the competitor's keyword to carry on the commercial promotion. Reporter in Baidu website

Search Market Pattern

Beijing Real estate market is hot, many people are accustomed to online search second-hand housing trading site. The reporter found that on the Baidu website, the domestic several big real estate intermediary all bought the competitor's keyword to carry on the commercial promotion.

Reporter in Baidu website search "SouFun", found in the search results of the top three promotional links, chain Home ranked first, followed by my love my home and the tenants. Enter the "Home", the reporter found that the top two sites are chain and I love my home. Input "Chain Home online" for retrieval, the first three search results are chain home, I love my home, secure a guest. In addition, on the Bing search site, the reporter entered the "soufun" keyword to search, found on the right of the third search results above the "search room" words, click to enter but found that this is a website called Hainan Home purchase network. Ranking third is the tenant.

Sogou search on the website, the reporter entered "paris wedding Photography", appeared in front of the 6 promotional link sites, are doing wedding photography business, but are not Paris wedding photography official website. On the 360 search site, the reporter entered "paris Wedding Photography", 3 promotional links are not the official website of Paris wedding photography.

Search website: international Practice

Allow a company to buy a competitor's name keyword to do business promotion, netizens search "McDonald's" but find "KFC", Baidu and 360 search related officials said, this is the domestic and foreign search industry's common practice.

Baidu company related responsible person said, regarding the promotion link promotion customer, the Baidu request these customers to submit each kind of qualification document and carries on to the public account verification and so on, do the greatest possible to guarantee the promotion enterprise the authenticity. Because the search promotion system mechanism and the matching mechanism, is allows the customer to purchase the competition product keyword. The current practice is international practice, including Google, Bing and so on are the use of this mechanism. Although customers can purchase competitive words, but not in the promotion of promotional statements and sites appear in the competition product words. That is, Baidu search "KFC", there may be McDonald's, but will not allow McDonald's behavior of counterfeit KFC.

360 Search promotion related responsible person said, the company will promote the link to divide into three kinds, the first category is particularly well-known companies to prohibit the confusion of the launch of the third category is likely to constitute health and economic losses to users, not allowed to put ads, such as medical ads, but also prohibit individuals to launch promotional ads, the second category is the business can be free PK domain. But when a company buys a competitor's keyword, it prohibits the name of the competitor in the description and avoids misleading the netizen.

Legal profession: Whether unfair competition is disputed

Search "McDonald's" but found "KFC", search engine sites such as the sale of competitor keyword, the law also has a huge controversy.

Professor, School of Law, Peking University Chisangiang, vice president of China Intellectual Property Law Research Institute, has written in the law daily that the use of others ' trademarks as a paid search keyword in the PPC business is a popular model for many websites, with the advantage of allowing netizens to give priority to their sites in search results when searching for relevant trademarks. To attract more netizens to browse. Obviously, this is a very controversial behavior, the search engine service providers in the world frequently encounter lawsuits. We should look at the problem of bidding ranking from the positive sense, and standardize and use it correctly on the basis of pursuing fairness and efficiency.

Last night, a senior lawyer in the domestic Internet field said in an interview with the reporter, the advertisers buy the key words in the search engine website to do the promotion, violating the legitimate rights and interests of competitors, the other party can in accordance with the provisions of the law against unfair competition, the prosecution of the company and search website. "At present, there is a large number of domestic search site similar phenomenon, but the existence is not reasonable, search engine site should be based on the user input keywords, give a reasonable technical explanation of the link." If a company uses a competitor's keyword to promote on the search engine website, it is a competitor's ride. Search the site also has the responsibility, is like a passenger wants to go home, but the taxi driver pulls the passenger to the Han court, said anyway is the inn. In law, this behavior leads to lower trading opportunities for competitors, and also undermines consumers ' right to choose. ”

Search engine dispute court how to sentence

Baidu Search for "History 38", through the top link to enter the competition is the site of the Iraqi United States Hospital. This is a real case that happened in December 2009. Chaoyang Court of First instance cognizance, Eaton hospital without authorization to the font size "History 38" as a keyword to participate in the "Baidu bid ranking Service", leading to consumers in Baidu search engine "history 38", but found the Iraqi beauty salon website link, and misleading consumers into the Ibero-American Beauty salon website. The Iraqi behavior violates the good faith principle, constitutes the unfair competition, the Baidu has not fulfilled the examination duty, the verdict Iraqi United States hospital and the Baidu joint Compensation History 38 Hospital economic loss 130,000 yuan. During the second trial, the parties did not dispute the fact of the case, but the law has different understanding. After the two Chinese court in Beijing mediation, the original defendant reached a settlement.