Recently, Dabang lawyers team and Dingxiangyuan legal team worked together to successfully represent a case of unfair competition of drug instruction database. Shanghai Yangpu District People's Court ordered the defendant Shanghai Yimi Information Technology Co., Ltd. (medical community) to immediately stop using the drug instruction database of the plaintiff Mission Hills Network (Hangzhou) Co., Ltd. (Dingxiangyuan) in an improper manner, and compensate Dingxiangyuan for economic losses and reasonable expenses. This case was represented by lawyer You Yunting, senior partner of the Firm, and lawyer Luo Yanjie. The whole case lasted more than two years.

        On the surface, it is not difficult to identify the fact of the case that DXY's drug assistant spent many years continuously making the drug instruction database with accumulated sediment, while the medical community directly transferred the entire database content to the medical industry's APP without modification, which obviously constituted infringement. But in fact, the difficulties of the case lie in:

        1. The drug insert database is not the legally protected object. The difficulty in adducing evidence lies in the materials that need to be traced back for many years to prove that the plaintiff's clover garden has spent a lot of manpower and material resources to accumulate data. In the application of law, it is necessary to persuade the court to establish the database of the plaintiff's clover garden as a legal interest that can be protected from the principle clause of Article 2 of the Anti Unfair Competition Law in combination with the characteristics of the database.

        2. From the perspective of the defendant's behavior, it is necessary to prove from a technical perspective that the main contents of the defendant's database in the medical community are not collected by the defendant itself but obtained without effort. In this case, we finally proved that a large number of databases in the defendant's medical field were obtained from the plaintiff's DXY Garden from the ID number, random typos, pictures and other dimensions of each drug manual.