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UPA Perpustakaan Universitas Jember

Technological Interference, Public Interest and Unfair Competition – A Critical Review of China’s Practice

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Chinese courts have highlighted the consideration of public interest in an unfair competition analysis regarding technological interference. The Beijing High Court, in a 2013 case, even established a new doctrine for general guidance entitled
‘‘Non-Interference Not Necessary for Public Interest’’. This paper examines the Chinese courts’ consideration of the public interest in typical cases and analyzes the context of public interest in unfair competition rulings regarding the internet
industry. Through examination and analysis, the authors argue that establishing a doctrine based on a vigorous public interest to address the legal challenges that are raised by the rushed pace of dynamic internet industries in an unfair competition regime is both inappropriate and risky.

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