Docket No.: 2093, second instance (终), civil case (民), (2019) Guangdong High People's Court (粤)

Lower Court Docket No.: 773, first instance (初), civil case (民), (2017) Shenzhen Intermediate People's Court (粤03) 

Defendant-Appellant: Shenzhen Weiyuanma Software Development Co., Ltd. ("Weiyuanma") and Business District (Shenzhen) United Development Co., Ltd. ("Business District") and Hou **.

Plaintiff-Appellee: Tencent Technology (Shenzhen) Co., Ltd. and Shenzhen Tencent Computer System Co., Ltd. (collectively referred to as "Tencent")

Tencent has developed the WeChat software to provide instant messaging services. Weiyuanma and the other developed and operated a "data wizard" software specializing in the modification of WeChat, so that the WeChat software on the mobile terminal was added with 13 special functions including "fixed-point forced fan addition, official account graphic reply, keyword reply, one-key like and comment, group sending to contacts, WeChat group auto-reply, fixed-point shake, WeChat group One click to add friends, WeChat group automatic promotion, multi-account free switching, group sending to contacts, sending to WeChat group friends, and one click to forward Moments content". Tencent appealed to the court, requesting that Weiyuanma be ordered to stop its unfair competition acts, compensate for the damages, apologize and eliminate the adverse impact.

The court held that Weiyuanma and the other had used technical means to hinder and damage the normal operation of the WeChat products and instant messaging services legally provided by Tencent, disrupt the order of market competition, harm the legitimate rights and interests of other operators and consumers, and violate the principle of honesty and creditability and business ethics through different means such as "plug-in" functions, and interfering with and free-riding data. The court found that Weiyuanma had constituted unfair competition, and thus ordered it to stop the accused acts, pay for the damages of RMB 5 million, apologize and eliminate the adverse impact.

ANALYSIS

WeChat is well-known software widely used by the public, and the acts accused in this case had a large impact on the daily life of the public. This case involves a new type of unfair competition issue on the Internet. In the face of complex technical means and network environment, the court has followed the "Internet-specific article" added after the amendment of the Anti-Unfair Competition Law to accurately evaluate and regulate the accused acts, which is conducive to purifying the market competition environment, protecting the legitimate rights and interests of operators and consumers, avoiding the public from being harassed by messages and information from unknown sources in daily life, and effectively preventing and reducing fraud, privacy leakage and other security hazards and risks.

This case has been selected as one of the "2020 Top Ten Typical Intellectual Property Cases of Guangdong Courts".