$ 75 million! Following thetrademark dispute, Beijing Di Di unlimited Technology DevelopmentCo., Ltd. (hereinafter referred to Di Di company) and suffered ahigh claim litigation.
Recently, because that Di Dicompany, Beijing Xiao orange Technology Co., Ltd. (hereinafterreferred to as small orange company) false propaganda, and togetherwith the wisdom of the project outsourcing services Limited(hereinafter referred to as the company) and the company's formersenior manager Humou and master the core (Hereinafter referred toas Gao De Company) to the Chaoyang District, Beijing, the companyhas been engaged in the business of the Company, People 's Court(hereinafter referred to as Chaoyang Court) filed eight unfaircompetition lawsuit, claiming 75 million yuan.
Some experts said that the litigation from the surface is unfaircompetition disputes, but in fact both sides in the field ofInternet map service a "Running out." In recent years, Di Dicompany began to map, navigation, real-time traffic and other areasto strengthen technological innovation and market layout, is boundto impact the existing market structure, therefore, theintellectual property disputes encountered gradually increase. Inthis regard, experts suggest that the rapid development of thecompany at the same time, should be targeted to developintellectual property strategy, while strengthening the protectionof intellectual property rights, intellectual property risk earlywarning, to avoid infringement of intellectual property rights ofothers.
Together with high claims
"Di Di company, small orangecompany together with the company and high-German company's seniormanager Huomou to win high-German company 6 to master the corebusiness secrets of the staff to provide services for its behavior,violation of the high German company's trade secrets, has beenConstitute unfair competition. "In the high German company filedeight litigation, seven litigation from Humou and six employees ofthe collective separation.
Reporters from the high tothe Chaoyang court to submit the indictment learned that Humousince 2007 in the high German company engaged in trafficinformation related research and development work, familiar withand master the high German company in the field of trafficinformation product planning, technical algorithms , Software code,data analysis and other core business secrets. Gaode companyclaimed that Humou from the high German company after leaving, inthe non-competition period of entry and high-German companies havea direct competitive relationship Di Di company. Di Di company inorder to help Huomou to avoid the responsibility ofnon-competition, and Humou, Zhongzhi company collusion will Huomoulabor relations on the surface and Gao De company no directcompetition between the company, and then moved to Di Tickcompany. In addition, Humou use his office to facilitate, and DiDi company, small orange company to persuade six employees in ashort time have left. The above employees in the high Germancompany during the Huomou team or have close business with thedepartment, is the company's important R & D personnel, bothmaster the company's trade secrets, after leaving almost at thesame time began to Di Di company, small orange company services,Part of the staff before leaving a large number of copies of thecompany's trade secrets, serious damage to the interests of thecompany.
Gao De Company, Xiao LiCompany, Zhongzhi Company, Zhongzhi Company, Humou and the othersix employees, individually or jointly, have induced many employeesto leave the company at the same time or in succession, and violatethe non-competition restrictions The act of providing services iscontrary to the principles of business ethics and honesty andcredit, and violates the commercial secrets of Gaode Company andconstitutes unfair competition. To this end, the high Germancompanies were sued to the court, requiring the order toimmediately stop unfair competition, respectively, dismissed theseven employees, publicly apologize, and compensation for itseconomic losses and reasonable expenses of 70 million yuan. Inaddition, the high German company also to false propaganda grounds,Di Di and small orange company filed an unfair competition lawsuit,claim 5 million yuan.
Recently, the Chaoyang court accepted the eight cases. For the highGerman company initiated eight litigation, Diwei public relationsdepartment responsible person in an interview with this reportersaid: "At present, Di Di company has not yet received the notice ofthe court and the case material, there is no media reports in thehigh German The company accused of the illegal plot.
Amarket "Running out"
"Gao De Company is a providerof digital map content, navigation and location service solutions,high-quality electronic map navigation services, map database andtraffic information services is the company's core competitiveness.Di Di company legal representative Cheng Wei said the company Theessence is a smart traffic data engine, the main data is mainlyself-built navigation, self-mining map and dynamic priceadjustment, and the most important is the map data.The plaintiffand the defendant to provide the main goods and services canreplace each other, with Direct competition. "Gao De in theindictment seems to be Di and small orange company as acompetitor.
Analysis of the industry, onthe surface, the case is carried out with the two sides unfaircompetition litigation, but in fact is a matter of litigation,infighting market.
Liu De-liang, director of theAsia-Pacific Network Law Research Center and Professor of BeijingNormal University, admitted in an interview with this reporter:"Today, most Internet companies to find a starting point, usuallyto the front and back of the ecological chain development, such asAlibaba to electricity As a platform to build e - commerceecological chain, Baidu search engine as a platform to buildindustrial ecology chain, and Di Di company with the Internet aboutthe car as a platform to the Internet map service front and back ofthe field of development.
In recent years, Di Di beganto increase the map, real-time traffic, vehicle scheduling andother areas of technology research and development efforts, whilefocusing on intellectual property in the field layout. Reporters to"Beijing Di Di Unlimited Technology Development Co., Ltd." as thekey search for the search, as of February 17, 2017, Di Di companysubmitted a total of 115 patent applications, technical contentrelated to electronic maps, navigation, vehicle scheduling, ordersProcessing and so on. At the same time, Di Di also pay attention tobuild their own brand, in addition to dripping travel, tickingoutside, Di Di also applied for registration of the drip station,drip navigation and other services related to the trademarkdrop.
From the Di Di's intellectual property layout is not difficult tosee that its development direction is not limited to the networkabout car, but began to enter the field of Internet map services,which will bring the impact of the original market. Li Junhui, aresearcher at the Center for Intellectual Property Studies at ChinaUniversity of Political Science and Law, said that in the field ofmap or navigation applications, there is a cross relationshipbetween Gaode and Diet's business, and the company is mainlyengaged in travel services. M & A map service manufacturers,the future, the two sides will be more intense competition.
Cooperation to win together
In fact, the lawsuit is notthe first encounter of intellectual property disputes. From thesmall orange company accused of infringement of the trademark tothe company for trademark infringement claims 80.2 million yuan, inrecent years, Di Di and its affiliated companies have sufferedmultiple intellectual property disputes.
"One of the reasons why the company involved multiple intellectualproperty disputes is that it has not developed a clear intellectualproperty strategy at the beginning of its development, which is acommon problem for start-up companies." Yao Kefeng, Senior Partner,Beijing Deheng Heng Law Firm In an interview with this reporter, inorder to avoid falling into intellectual property disputes,start-up enterprises should develop intellectual property strategyas soon as possible, to strengthen technological innovation andbuild their own brand at the same time, do a good job ofintellectual property risk warning, to avoid infringement of otherpeople's intellectual property rights. In this regard, Liu Deliangto agree, he said, start-up enterprises in the front and rearextension to the industry chain, should be targeted ahead of theintellectual property layout, such as in the upcoming businessareas, apply for registered trademarks and domain names inadvance.