What the Beijing Court’s Ruling on Navigation Data Reveals About Unfair Competition
A Beijing court ruled that a financial software firm’s illegal scraping and commercial use of a navigation‑derived congestion‑delay index constituted unfair competition, ordering an injunction and a 12.5 million‑yuan damages award, highlighting the legal protection of high‑value traffic data.
Case Overview
On 28 June, the Chaoyang District People’s Court in Beijing heard a dispute concerning the “congestion delay index” generated by electronic navigation maps. The plaintiffs, Beijing Gaode Yuntu Technology Co., Ltd. and Gaode Software Co., Ltd., sued Wandian Information Technology Co., Ltd. (the defendant) for unlawfully obtaining and commercially exploiting the index data.
Technical Definition of the Congestion Delay Index
The index is a data product derived from raw map data, user travel traces, and real‑time traffic information. It is calculated as the ratio of the actual vehicle travel time on a road segment to the travel time under free‑flow conditions. A higher ratio indicates more severe congestion, while a lower ratio indicates lighter traffic.
Plaintiffs’ Claims
The defendant captured the index data by repeatedly changing IP addresses and forging browser identifiers, i.e., using automated scraping techniques that disguise the request source.
The scraped data were stored in a paid financial‑terminal application and provided to paying users for profit.
The plaintiffs sought an injunction to stop the infringement, removal of the impact, and compensation for economic loss and enforcement costs, totaling RMB 12.5 million.
Defendant’s Arguments
The “congestion delay index” is not a competitive right.
The data were publicly available on the plaintiffs’ website and were collected manually.
No unfair‑competition methods were employed.
Court Findings
The index accurately quantifies road congestion, has high application value, and therefore constitutes a competitive asset protected by China’s Anti‑Unfair‑Competition Law.
The defendant’s use of IP‑address manipulation and forged browser signatures to obtain the data was deemed an “unfair means” that violated the principle of good faith in the data market.
Such conduct damaged the plaintiffs’ legitimate rights, harmed consumer interests, and disrupted market order.
Judgment and Remedies
The court ordered the defendant to:
Immediately cease the infringing activities and delete the obtained data.
Eliminate any impact caused by the infringement.
Pay RMB 12.5 million in damages to the two plaintiffs.
Legal Implications
The ruling clarifies that aggregated traffic‑related data, when it possesses market value and is used to gain a competitive advantage, is treated as a protected competitive right. Unauthorized web‑scraping for commercial purposes can constitute unfair competition, exposing infringers to civil liability and substantial damages.
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