PATEO-Wuling’s report against Tencent is closely related to Tencent’s “WeChat boarding” function.
It is reported that Shanghai PATEO Yuezhen Electronic Equipment Manufacturing Co., Ltd. (hereinafter referred to as "PATEO Internet of Vehicles") and SAIC-GM-Wuling Automobile Co., Ltd. (hereinafter referred to as "SAIC-GM-Wuling") are suspected of Tencent Regarding the monopoly, an anti-monopoly report (hereinafter referred to as the “Report”) was submitted to the Anti-Monopoly Bureau of the State Administration for Market Regulation recently.
The report revealed that on September 1, 2020, Tencent sent a "Legal Letter" to automakers downstream of Internet of Vehicles products or services, including SAIC-GM-Wuling, claiming that PATEO Internet of Vehicles The "New Baojun AutoLink" APP software and "Notification Expansion Assistant" software developed for its customers are suspected of constituting WeChat trademark infringement and unfair competition. On this grounds, SAIC-GM-Wuling is required to immediately stop using such software and bear the responsibility to Tencent for elimination Impact and liability for loss compensation. At the same time, Tencent also filed an application for an injunction on the grounds that the infringement was urgent and the damage was irreparable.
In addition, on October 29, 2020, Tencent filed a lawsuit against PATEO and SAIC-GM-Wuling and officially filed the case. The next court hearing will be on April 13 this year.
It is worth mentioning that PATEO Internet of Vehicles disclosed in the report that it was recently discovered that Tencent was suspected of implementing PATEO without permission in the "Tencent Map Vehicle Version" software it developed and operated. Internet of Vehicles invention patent for “navigation equipment and key road condition prompting methods and devices on navigation routes”.
In this regard, PATEO Internet of Vehicles has also filed a lawsuit with the court against Tencent's alleged patent infringement, requesting an order for Tencent to immediately stop the infringement and compensate for economic losses and reasonable expenses of a tentative amount of 80 million yuan. It is reported that the case was filed and accepted by the Shanghai Intellectual Property Court on February 4, 2021. However, due to the short period of time, it has not been made public yet.
Extended information
Tencent responded to the other party's "malicious speculation about monopoly":
On the afternoon of February 9, Tencent issued a response statement stating that it had paid attention to "about PATEO Internet of Vehicles and SAIC-GM-Wuling reported on Tencent," the report also said that Tencent and its products follow the concepts of fair competition and open cooperation to provide services to users and third-party products, and "malicious monopoly speculation" should not be a shield for infringement.
In addition, Tencent’s response statement showed that in 2019, Shanghai Botai Yuezhen Electronic Equipment Manufacturing Co., Ltd. and SAIC-GM-Wuling Automobile Co., Ltd. launched the “New Baojun Auto Connect” App and “WeChat Notification Assistant” "The software, without official authorization from Tencent, calls and controls WeChat software in driving scenarios. It has been detected that the following problems exist:
1. This software can collect, Storing and uploading sensitive data such as WeChat contact information and chat information seriously infringes on the privacy and personal information rights of WeChat users.
2. For driving safety reasons, WeChat in-vehicle scenarios only allow drivers to use basic voice communication functions. This software controls the operation of WeChat through technical means and fakes it into an Android auto application to deceive WeChat into obtaining WeChat messages. The reply interface is used to implement various complex functions, posing potential risks to users' driving safety.
3. SAIC-GM-Wuling and PATEO publicly promoted the development of in-vehicle WeChat functions and frequently used trademarks such as "WeChat" and "WeChat" to mislead users and partners, constituting trademark infringement and unfair competition. .