Tencent's Nanshan Pizza Walk: "Curve Save the Country" repeatedly tried and tested

Edit | Yu Bin

Produced | Chaoqi.com "Yu See Column"

Tencent, the universe factory, has become rich in Yuehai Street, which sounds the world, and has also led to the Internet atmosphere of Nanshan. With the change of time, domestic business structure, and environmental environment, Tencent on the altar is facing more and more controversy.

Especially in recent years, Tencent is often known to be full of futuristic cloud technology, nor a rich and comprehensive ecosystem, but the invincible "Nanshan Pizza Hut" name.

Under the "big curtain" of antitrust, the aura of the Tencent Legal Ministry of the Ministry of Justice is more like a double -edged sword, which can bring a lot of convenience to Tencent's expansion, but it also allows it to attract more firepower : Every time your litigation victory is really so straightforward?

It's hard to try the defeat, how strong is the "Nanshan Pizza Hut"

The name of Tencent's "Nanshan Pizza Hut" was made by a lawsuit and a lawsuit of a lawsuit and a lawsuit of the Tencent Law Department.

On the Internet, some law firms have counted the lawsuit between Tencent from July 1, 2015 to July 8, 2020. Among them, Tencent has at least 1,226 lawsuits in the Nanshan District Court of Shenzhen, with an average of two lawsuits per three days. This frequency of lawsuits is quite consistent with the name of the Tencent Universe Factory.

More importantly, Tencent's winning rate is "exploded" in terms of victory performance.

In more than 1,000 cases that have been counted, there are 34 trademark ownership and infringement disputes, and Tencent's winning rate is 100 %; 157 cases of infringement liability disputes, Tencent only defeated together, 99 % of the victory rate; 38 cases of personality rights disputes 38 At the beginning, Tencent's winning rate is 100%; 33 property disputes, Tencent's winning rate is 100%; 2 disputes on copyright license contracts, 100%of the winning rate; 9 in unfair competition disputes, Tencent's winning rate 100%...

Of course, such statistics may not be complete, but from the perspective of Tencent's more than a thousand lawsuits in the Nanshan District Court of Shenzhen, the name of its "Nanshan Pizza Hut" is well deserved.

In fact, even if there is no data evidence, the strength of the Tencent Legal Department is very extensive in the public cognition.

Many people should still be impressed that in the QQ era, Tencent has set off a huge controversy of public opinion because of the unilateral recovery of the QQ number in the user's hands.

But as a result, we all know that Tencent won the clause by the contract clause of "the user only has the right to use the number". Users believe that they have been broken since then they have their own rights.

There was also the vigorous "3Q war" that year, which ended with Tencent's victory; in 2018, in the "head of the head" that has been opened in 2018, the same vigorous "head war", the byte beating has the name of "repeated defeat and repeated battle".

In the new progress of the vibrato operator sued Tencent's improper competition in 2021, Tencent has successfully allowed the judge to recognize Tencent's proposition to objection to the jurisdiction of the case. The court handled. Douyin finally withdrawn the lawsuit.

When the case returned to Tencent's base camp Shenzhen, the magic of "Nanshan Pizza Hut" has made all parties "sympathetic" for the fate of the byte beating.

At this point, we can find a very interesting phenomenon, that is, the focus of "Nanshan Pizza Hut" is not "Popularity", but in "Nanshan". In the same case, Tencent always seems to tend to lead it to its own base camp for trial, and then win the victory like chopped melon and vegetables.

The so -called judicial jurisdiction, that is, courts or judicial agencies have the power to hear and judge the lawsuit. It should be pointed out that the judicial jurisdictions of courts of different regions, categories, and levels are different, and the results of the same cases may be very different from the results of different judges.

It can be clearly seen that when Tencent controls the initiative of jurisdiction, it has successfully succeeded. Perhaps this is one of the important reasons for Tencent to win a lawsuit in Nanshan.

Anti -monopoly law swept the industry, Tencent was facing embarrassment

In recent years, the issue of antitrust issues has become a key topic for the attention of the whole people. Especially with the introduction and landing of relevant policies and regulations, when facing the prestige of Tencent's "Nanshan Pizza Hut", people have begun to have a high confidence. Essence In this context, the grand occasion of the "big factory beaten Nanshan Pizza Hut" appeared.

This puts Tencent into a embarrassing situation.

In July last year, the long -term online music exclusive copyright issue caused the General Administration of Market Supervision. In order to restore the market order of fair competition, the State Administration of Market Supervision applies to the "Anti -Monopoly Law" to order Tencent and its related companies to terminate the exclusive copyright and stop the payment method of copyright expenses such as high prepaid funds to restore the market competition status.

At the end of last year, the State Administration of Market Supervision did not declare the concentration of operators in accordance with the law for Alibaba's acquisition of Yintai equity, reading the acquisition of Xinli Media, Fengchao acquisition of China Post Zhiping Technology Co., Ltd. The Monopoly Law made an administrative penalty decision. Among them, the reading is the online literature platform of Tencent.

In February of this year, the network of Botai Automobile and SAIC -GM Wuling jointly submitted an antitrust report against Tencent to the State Administration of Market Supervision to report Tencent's abuse of the market dominance of the real -time communication market in mainland China. Has been filed by the Shanghai Intellectual Property Court.

It was also in February of this year. The war of the "head of the head" continued to spread. Douyin submitted a complaint to the Beijing Intellectual Property Court to sue Tencent monopoly, advocating that Tencent restricted users to share content from Douyin through WeChat and QQ. It can be seen that some changes in the environment of antitrust law sweeping the industry are quietly occurring.

On the one hand, in response to large factories and Pizza Halo such as Tencent, everyone will choose to prosecute the report through other regional courts or higher -level market supervision units to bypass the "Nanshan Pizza Hut" curse; on the other hand, on the other hand, The keywords of "antitrust" are constantly appearing, and the actions of various prosecutions that Tencent's suspected monopoly are forming a joint force.

It is reported that the newly revised antitrust law has been officially implemented from August 1st. In the context of the request of the Supreme People's Procuratorate to conscientiously implement the revised antitrust law, and actively and steadily carry out public interest litigation in the field of antitrust fields For high -incidence and key areas, Tencent's Internet industry is facing a stricter regulatory environment.

As a result, we have seen more and more cases that have been regulated and punished for suspected monopoly. In addition to Tencent, in 2021, the other two giants Alibaba and Meituan were placed in a sky -high ticket for alleged "two -choice" monopoly.

In the process, the prestige of Tencent Nanshan Pizza Hut is bound to be significantly affected.

With the official implementation of the newly revised Anti -Monopoly Law, considering that the Internet monopoly cases after the establishment of the Intellectual Property Court of the intellectual property courts, especially the North Shanghai -Shanghai -Shanghai -Shanghai -Shanghai -Shanghai -Shanghai -Shanghai -Shanghai -Shanghai -Shanghai -Shanghai -Shanghai -Shanghai -Shanghai -Shanghai -Shanghai -Shanghai -Shanghai -Shanghai -Shanghai -Shanghai -Shanghai -Shanghai -government courts, are urgently needed to accumulate experience. In order to develop faster, the courts of knowing property in various places will strive for cases in their own hands. In this context, Tencent may lose the local advantage of Nanshan Pizza Hut in various suspected monopoly cases.

Just like in the near future, it is reported that Tencent has argued monopoly in the Beijing Intellectual Property Court. Although it has previously maintained a high victory rate under the "shroud" of Nanshan and Shenzhen jurisdiction. However, in Beijing, the case acceptance unit will be the Beijing Intellectual Property Court. Once Tencent loses the bonus of the "ground snake", its passive status is self -evident.

Once the case was tried and defeated in the Beijing Inspector Court, the subsequent probability of the subsequent probability is that Tencent will face more antitrust lawsuits and investigations, which includes both relevant regulatory units and various enterprises and users. When these cases are no longer applicable to Nanshan and Shenzhen jurisdiction, Tencent's idea of ​​"curve saving the country" of the initiative of jurisdiction may be completely unpredictable.

Where should the future of "Nanshan Pizza Hut" go?

Tencent's family history is the growth of China's Internet and commercial capital. Although we can't deny its success, from the beginning of its establishment, Tencent has not got rid of questioning the barbarous growth of market monopoly positions.

From the first case of the Chinese Internet antitrust of the "3Q War", to today's many companies to initiate antitrust lawsuits to Tencent, Tencent's industry status is strong, and it can have been buried.

Examples Tencent's fist products, QQ, WeChat, games, music, seems to be difficult to escape from monopoly. For example, in the "main business" game, Tencent Games starts with plagiarism and rely on traffic to become explosive, and buys copyrights, and then finds other similar types of games to protect rights. This is the profit model of Nanshan Pizza Hut.

What is even more worrying is that Tencent has not formed a climate in the key dimensions of cloud technology and intellectual property coverage outside the product.

This makes people even more worry about how strong Tencent's industry barriers are in addition to monopoly and capital advantages.

In the severe disaster -stricken area of ​​intellectual property disputes, Tencent used to be invincible by local advantages, and the monopoly "big boxing" could not hit it. Today, with the increasingly important antitrust, when the implementation of many things in the implementation of antitrust laws in the north, Shanghai and other areas, the Guan Tencent's lawsuit is also likely to be suppressed.

This also illustrates from another perspective that it is as strong as companies such as Tencent. It also needs to sort out the group's business line as soon as possible to avoid the mistakes of those companies that have already attracted heavy punches.

The most important thing is that the name of Nanshan Bitianke is not a good reputation. This will only make people think that Tencent has achieved disorderly competition through regional advantages. Essence

In addition, for technology Internet companies such as Beijing and Shenzhen, how to better protect intellectual property rights and create an innovative development environment need to be placed on the table as soon as possible. This has put forward higher requirements for the local intellectual property courts. While watching Tencent, it is also watching whether the relevant courts can be better.

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