How to judge the dispute of unfair competition of intelligent voice instruction?

65438+On the morning of June 22nd, 2022, the selection results of "202 1 Top Ten Cases of Promoting the Rule of Law in the New Era" co-sponsored by the Supreme People's Court and CCTV were announced. After the selection of the expert committee and the comprehensive voting results of netizens, the "20021Top Ten Cases of Promoting the Rule of Law in the New Era" and the top ten nominated cases were finally selected. The first case of unfair competition dispute of intelligent voice command was selected as "202 1 Top Ten Nominated Cases for Promoting the Rule of Law in the New Era". The plaintiff Baidu Online Network Technology (Beijing) Co., Ltd. is the developer and operator of Xiao Di Ai electronic products. It was discovered that Beijing Zile Technology Co., Ltd. produced and sold Duyaya learning machine, an AI electronic product which was the same as Xiao Di's smart speaker products, and used the voice command of "small degree and small degree" to wake up, so it filed a lawsuit.

Haidian District People's Court held that Baidu Online Company, after extensive use and promotion, as the product name of its smart speaker, "Xiao Di" belongs to the influential product name stipulated in the Anti-Unfair Competition Law; As a specific voice conductor, "Xiaodu Xiaodu" has established a clear and stable relationship with Baidu Online Company and its products, and has a high popularity and influence. Combined with the popularity and influence of Xiao Di and Xiaodi Xiaodi, Xiao Di Smart Speaker and Duya Learning Machine are similar products in function, audience and sales channels. The accused behavior of Zile Company is malicious subjectively, and it is easy to confuse the relevant public objectively, which constitutes unfair competition. Therefore, Zile Company was sentenced to eliminate the influence and compensate Baidu Online Company for economic losses of 500,000 yuan and reasonable expenses of 50,000 yuan. After the verdict was pronounced, neither party appealed, and the first instance took effect.

This case is the first case of unfair competition dispute over voice command of intelligent products in China, which promptly responds to the urgent need to protect the rights and interests of operators in the innovation and development of artificial intelligence products, and has exemplary significance for standardizing the market order of artificial intelligence products and curbing malicious confusion and misleading public behavior.

The expert case evaluation team believes that:

The first case of unfair competition dispute over intelligent voice instructions,

Protect fair competition and stimulate the vitality of innovation!