＂Head Teng Wars＂ continues to appeal and Tencents litigation jurisdiction case

"Head Teng Wars" has made new progress.The Fuzhou Intermediate People's Court transferred the jurisdiction of Tencent's improper competition case to the jurisdiction of the Shenzhen court. At the beginning of this month, Douyin appealed to the Fujian High Court.

According to the surging news report, the byte beating announced on February 22 that the Fujian High Court has already filed the case for the case.

It should be pointed out that the case is not recently a case of vibrato's monopoly disputes filed by Douyin in the Beijing Intellectual Property Court.litigation.

Douyin believes that the WeChat and QQ platform operated by Tencent restricts the behavior of users freely sharing Douyin on WeChat, WeChat circle of friends, QQ and QQ space through technical means.Other similar products, such as micro -vision, Tencent video, fast hands, etc., have not encountered Tencent restrictions, so the behavior constitutes improper competition.Douyin requires the court to terminate the restrictions, eliminate the impact and compensate for the loss of 90 million yuan (RMB, the same below, S $ 18.358 million).

But Tencent put forward jurisdiction objections on this case.Tencent believes that the case is actually a contract dispute when "Douyin" short video products use WeChat and QQ open platforms.Therefore, the case should be tried in the jurisdiction agreed in the contract, that is, the relevant courts in Shenzhen.

In December 2020, the Fuzhou Intermediate People's Court made jurisdiction on the jitter's improper competition case.EssenceAccording to this case, this case will be transferred to the Shenzhen Intermediate Court for trial.

The court wrote in the ruling: "According to the agreement on the WeChat and the QQ open platform developer agreement, any disputes or disputes occurred between Tencent, both parties agreed to submit the court with jurisdiction to the court."The jurisdiction shall be determined by the contract signing agreed by the developer agreement. "

Douyin does not agree with the ruling.According to Douyin's appeal, Douyin believes that this case is an unfair competition dispute. The infringement advocated by Douyin has nothing to do with the performance of the WeChat and QQ open platform developer agreement.The agreement, the agreement cannot be the basis for determining the jurisdiction of the case.

Douyin and the bytes behind it beating, there are many lawsuits between Tencent.

On February 2nd this year, Douyin officially submitted a complaint to the Beijing Intellectual Property Court to sue Tencent's monopoly.Douyin advocates that Tencent restricts users to share content from Douyin through WeChat and QQ, forming a monopoly behavior prohibited by the Anti -Monopoly Law.Douyin asked the court to order Tencent to stop this line immediately, publish a public statement to eliminate adverse effects, and compensate Douyin's economic loss and reasonable cost of 90 million yuan.On February 7, the Beijing Intellectual Property Court officially accepted a case of jittering to Tencent's monopoly dispute.