Software disruption as unfair competition: China’s experience in the legal regulation of technical behaviors
Shujie Feng Associate Professor, Tsinghua University

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The rapid growth of the software- and internet-related economy has conferred upon China particular experience in settling unfair competition disputes regarding software disruption. New technical means of competition have enabled intrusion into or disruption of another’s business operations concerning software or online products and services. By adopting case law and special rules on internet-related unfair practices, Chinese courts and legislators have had a generally negative view of software intrusion or disruption, which should be reevaluated in light of the freedom of competition. New technical means are not obstacles in the way of application of the rules on classic unfair practices such as confusion, misrepresentation and defamation. However, the internet and software have increased aggressive commercial practices and the physical disruption of business operations, which makes it necessary to adopt rules on these two types of unfair practices.

Contributor Notes

PhD (University Paris I – Pantheon Sorbonne), LL.M. (Renmin University of China), LL.B. (Shandong University), Director of the Innovation & Competition Law Center, Vice President of the Beijing IP Judicial Protection Association, Expert Council Member of China Trademark Association, Co-Chair of American Society of International Law Intellectual Property Interest Group, Visiting Professor (University of Milan, University of Toulouse I, University of Paris I, University of Paris XI, Max Plank Institute for Procedural Law and Strasbourg University CEIPI). The author is thankful to Kristina DaCosta, Ning Wei, and Yu Huang for their valuable assistance. This research is part of the project 20BFX142 of the National Social Science Fund of China.

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