When Baidu Maps loses the route (and the litigation)

With the decision issued on November 2020, the Beijing Intellectual Property Court condemned Baidu to 64.5 million RMB (around 10 million USD) on for illegally using other NavInfo mapping info. 

The bone of contention is the extended and (thus unauthorized) use of NavInfo Co. Ltd’ map after the expiration of the related License Agreement.

On 2013, Baidu and NavInfo entered into an agreement which granted Beijing Baidu Netcom Technology Co., Ltd., Baidu Online Network Technology (Beijing) Co., Ltd., and Baidu Cloud Computing Technology (Beijing) Co., Ltd. the use of Navinfo’s digital maps. 

However, notwithstanding the expiration of the contract in 2016, Baidu continued to use its products without further authorization.As consequence, Navinfo sued Baidu before the Intellectual Property Court in 2017 requesting an injunction and damages of 100 million RMB.

The court held that the electronic maps involved in the case constituted a graphic work under the Copyright Law, and the defendants’ software “Baidu Map” , “Baidu Carlife”, “Baidu Navigation” and other software used the electronic maps substantially similar to NavInfo electronic maps without authorization, consequently infringing the plaintiff’s copyrights.

Indeed, maps are included among the works protected by the Article 3 of the Copyright Law of China.

Following this provision, in the mentioned litigation the Court ruled that the selection of features, landforms, and information points in the navigation electronic map, as well as the choice of drawing colors, labels, and drawing methods of features and landforms in the map reflect the originality required for copyright and therefore protectable. 

However, notwithstanding the above dictatum, the recognition of the maps as copyrightable work, cannot be taken for granted.

In another case that recently involved NavInfo, the Beijing Intellectual Property Court just reversed a lower court decision issued by the Beijing Haidian District People’s Court, which actually ruled that NavInfo’s maps were not copyrightable.  

These decisions give me the opportunity to point out that an amendment strengthen copyright protection was passed by China's top legislature on the same November.

The amendment is expected to strengthen the protection of the copyright holders, raising the ceiling of statutory damages from 500,000 yuan (around 75,500 U.S.dollars) to 5 million yuan.

Another aim is to intensify law enforcement and punishment of infringement acts, offering a desirable legal environment for innovation and creation.

I don’t know if the above reported facts are merely a coincidence. However, I would like to believe that it is a signal that China is trying to serve as a stronger deterrent against copyright infringement.