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The lecture ¡°The Analysis of Internet Unfair Competition Case¡± was successfully co-held by Beijing Economic Law Institute and MRLC

The tenth lecture ¡°The Analysis of Internet Unfair Competition Case¡± was successfully held at Room 105 of Mingde Business Building on June 2nd, 2017. The lecture was sponsored by Beijing Economic Law Institute and MRLC Research Center, which invited Zhao Ye, the partner lawyer of Deheng Law Firm to communicate with sophomores of law school. The lecture was presided over by Prof. Meng Yanbei and commented by associate professor Yin Shaoping and Yao Haifang.

Lawyer Zhao started the lecture with the origin of Chinese Internet and had a positive interaction with the participating students. He introduced that the environment of Chinese Internet is similar to a lagoon ecosystem, and with the continuous development of science and technology, giant enterprises of Chinese Internet began to lead the development of certain technologies, such as instant messaging, third-party payment and etc.

Later, Lawyer Zhao introduced some typical cases in Internet field in detail. Those cases of unfair competition disputes included misleading propaganda disputes, commercial defamation disputes, commercial secret disputes and so on. Lawyer Zhao believed that there are four main reasons for the frequent occurrence of unfair competition in Internet field. First, the competition in Internet field is very fierce, and the Internet companies have more abundant financial support compared to the traditional ones. Second, sufficient flux competition as well as capital competition make the tiny damages be magnified by the capital market. Third, there is no effective clauses in the intellectual property law to deal with the disputes. Finally, the lack of supervision in Internet field leads to the continuous disputes.

Then, by analyzing six important cases of Internet unfair competition in China, Lawyer Zhao reviewed the application of Anti-Unfair Competition Law against the background of ¡°Internet Plus¡±. He also summarized that the rules of Internet field were originated from local practice and experience, but we could not depend too much on foreign experience or the lawmakers¡¯ imagination.

During the section of communication, associate professor Yin Shaoping focused on the reference to the general clauses of Anti-Unfair Competition Law in certain cases and explained its reasonableness and necessity from the view of a judge. He also recommended some books concerning legal interpretation and legal methodology to the present students. Associate professor Yao Haifang took AI as a breakthrough point to tell about how a law student can meet the demands of the Internet Era and how to take fully advantage of technology to learn better. Prof. Meng Yanbei gave a brief summary of this seminar and thanked Lawyer Zhao¡¯s sharing his own experience handling the cases of Internet unfair competition from the perspective of a lawyer. She also pointed out that theory and practice cannot be separated. Problem comes from practice and the analysis of complex cases originates from the accumulation and foreshadowing of theory. The lecture ended with the warm applause of the students.

(Editor: Qu Yinsheng)

 
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