On the morning of June 28, the unfair competition dispute involving the data rights and interests of the navigation electronic map "congestion delay index" was tried in open court in the Chaoyang District People's Court of Beijing, and the Chaoyang Court found that the defendant an information technology limited company constituted unfair competition in the first instance, and ruled that the company should stop infringing, eliminate the impact, and compensate the plaintiff Beijing Technology Co., Ltd. and a software Co., Ltd. for various losses totaling 12.5 million yuan.
2. The plaintiff is the operator of an electronic map. The company relies on the original data collected by the electronic map, user travel data and real-time traffic information, through specific algorithms and analysis and processing to form a data product - "congestion delay index". The "congestion delay index" can be understood as the ratio of the actual travel time of vehicles on the road to the traffic time of vehicles when it is completely unblocked. The higher the ratio, the more severe the urban congestion; The lower the ratio, the less congested the city will be.
The plaintiffs, a technology company and a software company, claimed that the defendant, an information technology company limited by shares, used improper means to capture the data of the "congestion delay index" and used the above data for the purpose of commercialization on the payment software of a financial terminal operated by the defendant, which constituted unfair competition, so they demanded that the defendant stop the infringement, eliminate the impact and compensate for losses of more than 4,800 yuan.
The defendant argued that the "congestion delay index" data was not a competitive interest, and that the public data collected by the defendant company from the plaintiff's website through manual collection did not adopt any unfair competition method, which did not constitute unfair competition, and the plaintiff's claim for damages had no factual and legal basis.
After trial, the Chaoyang Court held that the "congestion delay index" data can enable the urban congestion state and its trend to be expressed accurately, concisely and quantitatively, meet the needs of various traffic participants to understand and study the traffic congestion state, and has high application value and market value. The plaintiff company relied on the development and operation of the "Congestion Delay Index" data to establish a competitive advantage in the market, and obtained business benefits by virtue of the external authorization of the "Congestion Delay Index" data, which are competitive rights and interests and are protected by the Anti-Unfair Competition Law. Without permission, the defendant company used improper means such as changing IP addresses and forging browser logos to capture the "congestion delay index" data, and stored the captured data in a financial terminal software, and disseminated it to paying users for commercial purposes, which violated the generally accepted business ethics and good faith principles in the data field, harmed the legitimate rights and interests of the plaintiff company and consumers, undermined the market competition order in the data field, and constituted unfair competition.
The court determined the amount of compensation in this case after comprehensively considering the value of the "congestion delay index" data, the defendant's subjective intent to infringe, and the seriousness of the infringement, as well as the external licensing fees of the data products involved in the case, and finally ordered the defendant to stop the infringement, eliminate the impact, and compensate the two plaintiffs for economic losses and reasonable expenses for rights protection totaling 12.5 million yuan.
The case has not yet entered into force.
Source: Chaoyang Law Garden
编辑：Sharon