“Injunction” by Hangzhou Internet Court on the Case of Ant Financial and Qichacha.com
Substantial progress has been made in the case between Ant Financial and Qichacha.com. The reporter learned that Hangzhou Internet Court recently made its first case of act preservation in intellectual property disputes, using real case to establish judicial standard for IP protection.
The dispute could be dated back to May 5, 2019 when Qichacha.com released the news through its websites, “radar monitoring”, daily reports, and emails to its subscribers that an affiliated Internet micro-finance company (later referred as Ant Micro-Finance) of Ant Financial in Chongqing municipality began to liquidate, and rated the risk of the information as “warning” level.
At that time, the liquidation information was indeed found in the National Enterprise Credit Information Publicity System with liquidation group comprised of Che Xuancheng as head and Hu Shuiqing and Ying Jun as members. But it was history information in 2015, and Ant Financial has already submitted its application to terminate the liquidation to the industry and commerce department in 2016.
Suzhou Langdong Network Technology Co., Ltd. (later referred as Langdong company) is the operator of Qichacha.com. Later Ant Financial sued it for unfair competition, and applied for civil lawsuit and act preservation.
In response to the “spat” between Ant Financial and Qichacha.com, Hangzhou Internet Court held hearings after accepting the case, and made its first case of act preservation in intellectual property disputes.Hangzhou Internet Court finally ruled that Langdong company should immediately stop distributing information on the liquidation procedures related to Ant Micro-Finance in any form; Langdong company shall immediately withdraw the liquidation information about Ant Micro-Finance published through “Message Center” and “Monitoring Daily” sections of Qichacha.com, and emails, and release clarifying information where the original information was posted; Langdong company shall publish a statement on the homepage of Qichacha.com to clarify its post “Additional Liquidation Group Member Ying of the Ant Micro-Finance Company on May 5, 2019.”
July 25, 2019
Source: Beijing Business Today
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