Electronic maps are an important part of the operation of car navigation software and have extremely high commercial value. A few days ago, the Beijing Intellectual Property Court concluded an electronic map infringement dispute case and ordered the defendant Beijing Baidu Netcom Technology Co., Ltd. to compensate Beijing NavInfo Co., Ltd. for economic losses and reasonable expenses totaling around 65 million yuan.

Through the trial, Beijing Intellectual Property Court held that original maps can be protected by copyright law as graphic works.

In this case, the electronic map claimed by NavInfo has a graphic work expression form that should be protected by copyright, meets the originality requirements within the scope of the creation space of map works, and constitutes a map work stipulated by the Copyright Law.

The notarized comparison points submitted by NavInfo include secret notes, internal roads, expanded sea administrative scope, pattern maps and other geographic information, involving 26 provincial administrative regions in China. After comparison, the electronic maps of the plaintiff and the defendant contained a large number of substantially similar or identical expressions, including irregular information such as virtual roads.

The evidence submitted by Baidu Netxun was not sufficient to prove that the map involved was independently created and completed, and the map version used for comparison also lacked the necessary map review, filing and version information. It does not have the conditions and feasibility for a comprehensive comparison, compare with the plaintiff’s notarized and preserved geographic information changes.

Therefore, the use of the maps involved in the case on software such as "Baidu Maps" by Baidu Netcom and others without permission infringed the copyright of the plaintiff's electronic maps.

In addition, NavInfo claimed that the unfair competition behavior involved in the case is essentially the same behavior as the aforementioned copyright infringement. The relevant rights and interests have been protected by the copyright law, and this will no longer be evaluated by the anti-unfair competition law.

Regarding the method of liability, since the three defendants are affiliated companies, they have a common intention to contact subjectively, and the division of labor and cooperation objectively constitutes a joint infringement, and they should bear joint liability. On the basis of ordering Baidu Netcom and others to bear the responsibility of stopping the infringement, apologizing, and eliminating the influence, combined with the actual performance evidence including the compensation calculation method claimed by the plaintiff and the invoices and payment vouchers; refer to the rights, methods and scope of the relevant license agreement, time limit, comparability with the accused behavior and other factors, the calculation of compensation based on the license fee is more reasonable, and Baidu Netcom and other companies are ordered to compensate NavInfo for economic losses and reasonable expenses totaling 6,542,6597.5 yuan.

As of the time of publication, the case has not yet received appeal applications from both parties.