Exclusive Cooperation Agreement
It is reported that Baidu and the Internet Health Content Platform have signed the "Medical Health Content Cooperation Agreement" (hereinafter referred to as the "original agreement"), and the exclusive cooperation supplementary agreement of Webcast is a supplement to the original agreement.
The exclusive cooperation supplementary agreement has made several supplements to the original agreement. The core information mentioned that after submitting the complete copyright or related authorized content through Party A's "Medical Authoritative Resources" platform, Party B will be deemed to authorize the content exclusively to Party A for display and use of its products. The exclusive content is only allowed to be used by Party B and Party A during the period of cooperation. Party B shall not provide the submitted content to a third party for use. If the same content is displayed in Party B's website, Party B should explicitly prohibit the crawling of websites other than Party A in the crawler agreement.
Exclusive Cooperation Agreement
The agreement also mentions the method of historical data processing: from the date of the entry into force of the contract, the content that has been submitted to Party A can be retained by Party B on its own website. However, if a third party other than Party A and Party B uses the cooperative content, Party B shall ensure that the content is offline within one month from the date of entry into force of the contract.
According to Sina Technologies'inquiry, Baidu responded that in the signing of the exclusive cooperation agreement, the two sides were completely equal and voluntary, and there was no coercion, and the scope of the exclusive cooperation was limited to the co-construction data submitted to Baidu by the resource side through the cooperative channel on its own initiative. Data content within the scope of exclusive cooperation shall be prohibited from indexing and grabbing by third parties as agreed by both parties. Baidu also said that in the field of the Internet, it is very common for the resource side to co-construct or cooperate exclusively with the platform.
Lawyer Interpretation: Does the Exclusive Cooperation Agreement constitute a monopoly?
As for the "monopoly" of webcast, Baidu denied it. That is to say, the exclusive cooperation agreement is not a necessary condition for Baidu to cooperate with the medical and health content platform.
As for not signing an exclusive cooperation agreement, what impact will it have on the health content platform? Baidu said that without signing the exclusive cooperation, it would not affect search, and resources participating in exclusive authorized cooperation under the same conditions would get better display and share rights and interests.
In an interview with Sina Technologies, Wang Liyan, founding partner of Tao'an Law Firm, said that it was impossible to judge whether a monopoly was constituted from this contract alone. "Simply speaking, the premise of monopoly needs to form market control to some extent, so it is at least a certain scale intuitively, and then it needs to enter the hypothetical monopolist test. Such complex identification links can not be judged qualitatively only from a simple cooperation agreement.
However, Baidu has been subject to more complaints about monopoly in medical treatment. In November 2018, Wu Zhenguo, Director-General of the Anti-monopoly Bureau of the State Administration of Market Supervision and Administration, said in an interview with the media that complaints about Baidu's monopoly were still under investigation. "Last year and this year there were complaints against Baidu, especially Baidu Medical Service. In addition, there are still some ongoing investigations."
This is also related to the proportion of platforms in the domestic search market.
It is reported that Baidu occupies most of the market share in China's search market. According to StatCounter data, in December 2018, Baidu had a search share of more than 70% in China's search engine market, while Shenma had a 15.62% share in other search engines, Sogou (360 search) accounted for 4.74% and Good Search accounted for 4.54%.
Why should professional vertical medical content platform be "one of two choices"?
It is understood that Baidu and the Internet medical information platform are mainly based on search cooperation. Users often click on third-party websites after Baidu searches for keywords and gets search results.
In 2018, Baidu said that search introduced tens of millions of medical authoritative information. On the one hand, it certified the content-providing platform and doctors accordingly, and guaranteed the priority of these results through special cards. On the other hand, it formulated content production standards, and gave high-quality content corresponding ranking and flow support.
That is to say, more professional providers of medical pituitary content such as Chunyu Doctor, Mother's Net and Ping An Hao Doctor are the core resources of medical health search.
This is also true for other search platforms. Previously, many third-party websites added too much advertising content, which made the search experience poor. In order to ensure the user's search experience, search platforms are cooperating with professional resources to ensure search security and enhance the user experience.
For the search platform, medical health content resources have always been a strong demand, is an important access for users to obtain health information, plus policy and industry orientation. Therefore, the professional health content platform has become a hot potato for the major search platforms. (Xuemei)
The following is Baidu's response to the original text:
1. Content ecology construction is an inevitable requirement to improve the quality of search content. In July 2017, Baidu launched the project of Co-construction of authoritative data for medical pituitary, which passed: building standards (authoritative and quality standards); giving rights and interests (authoritative articles, videos, voice, question and answer cards, as well as optimization strategies); giving guidance (content keywords and titles produced according to the needs of Baidu's big data mining); building channels (building authoritative content submission). Road, non-Baidu active grasp) and other ways to help the resource side work together to build high-quality data.
2. After nearly two years of continuous operation, Baidu and the resource side have built about 60 million authoritative data. The resource side also gets the cooperation share because it participates in the construction of these authoritative contents.
3. Beginning in the second half of 2018, Baidu found that friends were embezzling data built by Baidu in cooperation with the resource side. In order to protect the interests of Baidu and its resource side and ensure the sustainable development of authoritative medical data production, through communication with the resource side, Baidu will upgrade its cooperation with the resource side to an exclusive cooperation and sign an exclusive cooperation agreement.
4. In the signing of the exclusive cooperation agreement, the two sides are completely equal and voluntary, and there is no coercion. Moreover, the scope of the exclusive cooperation is limited to the co-construction data submitted to Baidu by the resource side through the cooperative channel on its own initiative. Data content within the scope of exclusive cooperation shall be prohibited from indexing and grabbing by third parties as agreed by both parties. There are tens of millions of pieces of data in this content. At present, the search engine can capture billions of pieces of relevant data. There is no possibility that Baidu intends to monopolize the popularization of medical science and damage the industry ecology.
5. In the field of Internet, it is very common for the resource side to co-construct or cooperate exclusively with the platform. For example, in the field of online music, the platform will become the exclusive provider of copyrighted music content by signing exclusive agreements with record companies; in the emerging small video, live broadcasting and other fields, a large number of network celebrities signed contracts with the platform, and exclusively released video, live broadcasting.