On October 29, 2025, a specialized exchange session focusing on the field of internet unfair competition—titled "Internet Unfair Competition Litigation & Compliance Exchange Session (Beijing)"—was successfully held at the Llinks Beijing Office, attracting the enthusiastic participation of nearly fifty elite representatives from the business community.
At the beginning of the meeting, Mr. Xun Yang first analyzed the background and value drivers behind the revision of the Anti-Unfair Competition Law (AUCL). He emphasized the need to accurately grasp the inherent logic of the AUCL amidst the wave of era development and case changes, laying a solid theoretical foundation for the subsequent sharing.
Next, Mr. Denny Jiang, leveraging his wealth of practical experience, provided an in-depth interpretation of the internet-related clauses in the newly revised 2025 Anti-Unfair Competition Law. He detailed the key revisions to clauses such as "passing off/confusion" and "false advertising," and, combined with typical cases, thoroughly discussed the application of the special internet clauses and the regulatory path for platform unfair competition. Through an analysis of a series of real-world cases, Mr. Jiang summarized the determination logic and practical essentials of internet unfair competition behavior, offering highly valuable directions for thought to the attendees.
Subsequently, Mr. Yang expanded on the issue of data scraping under the new AUCL. He first meticulously reviewed the evolution of relevant legislation, clearly demonstrating the process of gradual refinement in the legal regulation of data scraping behavior. Following this, Mr. Yang analyzed the legality of data scraping from three dimensions—data nature, technical means, and competitive relationship—and used practical cases to dissect the complex interactions between these three dimensions. Based on this, he also explored the value orientation behind the legality of data scraping and proposed actionable compliance advice for businesses.
After a brief tea break, Mr. Jiang took the stage again, focusing on trade secret protection litigation for internet enterprises. He provided an in-depth analysis of the three essential elements of a trade secret—secrecy, confidentiality measures, and value—and, combined with practical cases, explained the key points in trade secret enforcement practice. Mr. Jiang also proposed practical suggestions for trade secret management in internet companies, covering various aspects such as personnel management, code management, version management, and permission management, aiming to help companies solidify their trade secret protection defense line and effectively reduce infringement risks.
As the session drew to a close, Mr. Yang returned to share insights on the issue of commercial defamation in the internet sphere. Taking the "Xibei Youmian Village and Luo Yonghao" incident as a starting point, he thoroughly analyzed the constituent elements of commercial defamation, including the expansion of the definition of "operator," the flexible determination of "competitive relationship," and the specific definition of the "damaged object." Mr. Yang also focused on analyzing the criteria for determining when a competitor is "implicitly referred to," the misleading nature of ambiguous statements, the judgment of harm caused by "WeChat Moments" circulation, and the boundary between negative reviews and objective facts. Furthermore, he offered practical suggestions for controlling risk and minimizing loss from the perspectives of both the information disseminator and the damaged party.
The exchange session prompted lively discussions among the attendees. With the vigorous development of the internet economy, disputes related to data and network competition are becoming increasingly prominent. How to fully utilize online platforms while effectively avoiding the risks of unfair competition has become a critical topic for businesses. The successful hosting of this exchange session provided a valuable communication platform for relevant enterprises and injected new vitality into the field of internet unfair competition litigation and compliance.
