In April 2022, the Shanghai Pudong New Area People's Court issued a white paper on the "Dual-regional Linkage" of intellectual property judicial service guarantee, notified the intellectual property trial in 2021, and released 10 typical cases at the same time.
Among them, an anti-unfair competition case on artificial data fraud represented by Llinks lawyer James Wang, a partner of Llinks Law Firm, was selected as 10 typical cases. In this case, the Court held that the defendant Harbin Qifu Technology Co., Ltd. has implemented unfair competition and shall compensate the plaintiff Tencent 3 million yuan for economic losses and reasonable expenses. This case is the first case in the country involving artificial data fraud. The case was also selected as top ten typical cases of unfair competition on the internet by Shanghai Pudong New Area People's Court.
BRIEF INTRODUCTION TO THE CASE
In this case, the "Mayibangfu" platform operated by the defendant mainly provided platform services for the "artificial data fraud" transaction between users of the WeChat public platform. The platform does not directly engage in the artificial data fraud activities, but it provides opportunities for such activities, and collect fees from them to achieve profitability.
TYPICAL MEANING OF THE CASE
As the most basic ecological resource of the Internet industry, the traffic data of the network platform is the basis for the innovation of Internet products and business models. But at the same time, "artificial data fraud" behavior is also quietly appearing in various Internet segments. Such transactions even formed a gray industrial chain. In this case, the court applied the false propaganda provisions and general provisions of the Anti-Unfair Competition Law to regulate such acts, which provided an important judicial solution path and typical samples for Internet platforms to crack down parasitic type of grey industry similar to the "Mayibangfu" platform.
