The Shanghai Intellectual Property Court determines whether there are protectable interests and concludes that the degree of damage suffered by the plaintiff is not enough to meet the need for relief through the anti-unfair competition law (Beijin iQIYI Technology / Beijing Sogou Information)

The Anti-Unfair Competition Law of the People's Republic of China stipulates seven types of unfair competition, namely, label confusion (Article 6), commercial bribery (Article 7), misleading statements (Article 8), infringement on trade secrets (Article 9), improper prize-winning sales (Article 10), damage to commercial reputation and commodity reputation (Article 11) and the use of network technology to implement unfair competition (Article 12). However, with the rapid development of the Internet, a large number of untyped unfair competition practices have appeared widely. In China, judicial practice often uses the principle of “honesty and credit” and “business ethics” in Article 2 of the Anti-Unfair Competition Law to solve these untyped behaviors. To measure whether the act is

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  • Beijing Foreign Studies University (Beijing)

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Gu Lingyun, The Shanghai Intellectual Property Court determines whether there are protectable interests and concludes that the degree of damage suffered by the plaintiff is not enough to meet the need for relief through the anti-unfair competition law (Beijin iQIYI Technology / Beijing Sogou Information), 10 December 2018, e-Competitions Bulletin December 2018, Art. N° 91729

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