As information and digital technologies become more deeply integrated, the competitive landscape of the internet sector is growing increasingly complex. With the constant emergence of new business models and intensifying competition, there has been an explosive growth in new types of unfair competition online.
On September 4, 2025, the "Seminar on Internet-Related Unfair Competition Litigation & Compliance—Practical Insights from the Perspective of the New Anti-Unfair Competition Law" successfully concluded in Shanghai. The event was co-hosted by LCOUNCIL and Llinks Law Offices. Llinks partners Mr. Xun Yang and Mr. Denny Jiang, along with nearly 50 in-house legal professionals, engaged in a deep discussion focused on the "internet elements" within the new Anti-Unfair Competition Law. The goal was to help companies accurately define legal boundaries and effectively protect their rights in a dynamic internet environment, thereby ensuring compliant operations and stable development.
Morning Session: Professional Insights
First, Mr. Xun Yang opened the seminar by introducing the background and value drivers behind the revision of the Anti-Unfair Competition Law. Mr. Yang presented the view that while the law can seem enigmatic, its underlying logic can be understood by considering current events and the specifics of individual cases.
Next, Mr. Denny Jiang took the stage. Mr. Jiang interpreted the internet-related elements in the newly revised 2025 Anti-Unfair Competition Law and shared practical experience from recent internet-related cases. Mr. Jiang provided a detailed analysis of the revisions to clauses concerning "confusion and imitation" and "false advertising," along with typical cases. Mr. Jiang also discussed the application of specific internet provisions and the regulatory pathways for platform-related unfair competition. In particular, Mr. Jiang used real-world cases and judicial practices to summarize the criteria and practical points for identifying internet unfair competition, prompting attendees to reflect on a series of real-life scenarios.
Following this, Mr. Xun Yang shared his insights on data crawling under the new law. Mr. Yang first reviewed the evolution of relevant legislation, showing how the regulation of data crawling has gradually been refined. Mr. Yang then analyzed the legality of data crawling from three dimensions: data nature, technical methods, and competitive relationships. Mr. Yang used case studies to dissect the interactions among these three dimensions, and based on this, discussed the value orientation for determining the legality of data crawling and offered compliance suggestions.
Tea Break
During the tea break, attendees enjoyed exquisite snacks and beverages. This provided an opportunity for the in-house legal professionals and the speakers to engage in a deep exchange on the key topics of the event. Attendees engaged in a multi-faceted discussion, drawing from their respective industries and fields and incorporating the latest hot-button issues related to the Anti-Unfair Competition Law. The atmosphere was exceptionally lively.
Afternoon Session: Professional Insights
After the tea break, Mr. Denny Jiang returned to discuss practical experience in litigating trade secret infringement for internet companies. Mr. Jiang provided a detailed analysis of the three key criteria for identifying a trade secret (secrecy, confidentiality measures, and value) and used real cases to explain critical points in rights protection practices. Mr. Jiang offered suggestions for managing trade secrets in internet companies, covering areas such as personnel management, code management, version control, and access permissions, all aimed at helping companies better protect their trade secrets and reduce infringement risks.
Finally, Mr. Xun Yang returned to share his thoughts on commercial defamation in the internet sector. Mr. Yang deeply analyzed the constituent elements of commercial defamation, including the expanded definition of an operator, the flexible determination of competitive relationships, and the specific identification of the damaged party. Mr. Yang specifically analyzed criteria for implicitly referencing competitors, the misleading nature of ambiguous statements, the assessment of damage from social media dissemination, and the boundary between negative reviews and objective facts. Lastly, Mr. Yang provided suggestions for controlling risk and minimizing losses from the perspectives of both the information disseminator and the damaged party.
Interactive Q&A
During the Q&A session, attendees actively posed questions about key issues concerning the "internet elements" in the new Anti-Unfair Competition Law. The two lawyers provided professional and detailed answers based on the latest judicial practices. Attendees widely expressed that the event's content was highly relevant to industry needs, offering both in-depth legal interpretations and vivid case analyses. They noted that the insights were extremely targeted and practical, providing a clear and effective guide for companies to accurately understand the new law and prevent compliance risks in the internet sphere.
End of Event
With that, the "Seminar on Internet-Related Unfair Competition Litigation & Compliance—Practical Insights from the Perspective of the New Anti-Unfair Competition Law" successfully concluded in Shanghai. The organizers expressed gratitude to Llinks partners Mr. Xun Yang and Mr. Denny Jiang for their meticulous preparation and excellent presentations, as well as to all the in-house legal professionals who attended. LCOUNCIL will continue to follow this field and looks forward to bringing more professional events to the community, welcoming more peers to future in-person events. We look forward to seeing you at our next event!
