“Science and Technology Innovation Board Daily”, Feb. 9 (Reporter Huang Xinyi) Baidu publicly apologized to the media due to the failure of the appeal in the second instance.

Three companies, Beijing Baidu Netcom Technology Co., Ltd., Baidu Online Network Technology (Beijing) Co., Ltd., and Baidu Cloud Computing Technology (Beijing) Co., Ltd., issued an apology statement, saying that the company fulfilled the requirements of the previous judgment in the first instance and publicly apologized to Sidimensional Tuxin.

According to the apology statement, Siweituxin filed a copyright infringement and unfair competition dispute with the Beijing Intellectual Property Court in November 2017, and the Beijing Intellectual Property Court handed down a first instance ruling in November 2020, holding that Baidu infringed and should pay compensation for losses and effects. Baidu disagreed with the first instance verdict and filed an appeal. The Beijing Higher People's Court handed down a ruling and upheld the original verdict.

Baidu said in the statement that it has voluntarily implemented all the judgments of the Beijing 73 Minchu Civil Judgment No. 1914 (2017). A public apology has now been made to 4D in accordance with the second requirement in the main text of the judgment.

On January 9, Siweitu issued an announcement stating that it recently received the “Beijing Higher People's Court Civil Judgment” and handed down a final judgment in the copyright infringement and unfair competition dispute between the company and Beijing Baidu Netcom Technology Co., Ltd., Baidu Online Network Technology (Beijing) Co., Ltd., and Baidu Cloud Computing Technology (Beijing) Co., Ltd. The final judgment was to dismiss the appeal and uphold the original sentence. The amount involved in this lawsuit is 64.5 million yuan.

At the time, Baidu responded to the “Science and Technology Innovation Board Daily” saying that after the contract with Four-dimensional was terminated in 2016, Baidu Maps used self-collected data, not four-dimensional data. In response to the verdict, Baidu will apply to the Supreme People's Court for a retrial to protect our legitimate interests. At the same time, Baidu has already filed a lawsuit against 4D's new infringement of Baidu Maps' copyright and unfair competition.

In 2017, Siweituxin filed a lawsuit with the Beijing Intellectual Property Court on this matter. After the company won the lawsuit in the first instance, Baidu filed an appeal with the Beijing Higher People's Court. According to the announcement, Siweituxin, Beijing Baidu Netcom Technology Co., Ltd. and Baidu Online Network Technology (Beijing) Co., Ltd. began business cooperation in the field of electronic map data in 2009, and further reached a “Cooperation Agreement” in 2013.

According to the “Cooperation Agreement”, Siweituxin authorized Beijing Baidu Netcom Technology Co., Ltd. and Baidu Online Network Technology (Beijing) Co., Ltd. to use the plaintiff's electronic map works within the scope agreed in the agreement and paid corresponding license fees to Siweituxin. The contract is valid until December 31, 2016. After the contract expired, the parties did not renew it.

According to Siweitu, Beijing Baidu Netcom Technology Co., Ltd. and Baidu Online Network Technology (Beijing) Co., Ltd. and its affiliate Baidu Cloud Computing Technology (Beijing) Co., Ltd. continued to use the newly provided electronic maps to provide electronic map products to the public through computer terminals, mobile phone terminals, etc., and to provide electronic maps for vehicle-related applications beyond the scope of the original contract. This seriously infringes on Siweituxin's right to sign, revise, copy, and disseminate information on the Internet. It also seriously violates the principle of commercial integrity, disrupts the competitive order of the market, constitutes an act of unfair competition, and harms the legitimate rights and interests of Siweituxin.

According to the ruling made public earlier, Baidu must not only publish an apology statement in the media, but also pay compensation of 64.5 million yuan for financial losses, 926,600 yuan for reasonable expenses, and stop infringing on the copyright of the new graphic works related to the new four-dimensional picture.