Software disruption as unfair competition: China’s experience in the legal regulation of technical behaviors

Abstract

The rapid growth of the software- and internet-related economy has conferred upon China particular experience in settling unfair competition disputes regarding software disruption. New technical means of competition have enabled intrusion into or disruption of another’s business operations concerning software or online products and services. By adopting case law and special rules on internet-related unfair practices, Chinese courts and legislators have had a generally negative view of software intrusion or disruption, which should be reevaluated in light of the freedom of competition. New technical means are not obstacles in the way of application of the rules on classic unfair practices such as confusion, misrepresentation and defamation. However, the internet and software have increased aggressive commercial practices and the physical disruption of business operations, which makes it necessary to adopt rules on these two types of unfair practices.