The Court’s Attitude towards “Merchandizing Right” Concluded from the Kuroko Basketball Trademark Invalidity Case

(Author: Ni Tinggang; Source: DeBund Law Offices) Beijing Intellectual Property Court recently introduced some movie, TV series, music, animation and game related cases it heard in 2015 and 2016 via its public WeChat platform, including the trademark “Kuroko Basketball” invalidity case which inspired me. The way that the court dealt with this case shows a new trend of protecting merchandizing interests […]

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Practical Introduction to Copyright Infringement in China

(Author: Meph Jia Gui, Tingying Liu; Source: Global Law Office) When copyrights have been infringed, the copyright owner is confronted with the problem of how to obtain legal remedies in accordance with the PRC Copyright Law (hereinafter referred to as the “Copyright Law”). Articles 47 and 48 of the Copyright Law outline specific instances of copyright infringement. The two provisions also […]

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The Future of the Right to Maintain the Integrity of a Work: A Case Study on the Trial Judgment in the Copyright Dispute Chronicles of a Ghostly Tribe

(Autho: Wang Huayun; Source: Watson & Band) Before Zhang Muye, also known as “Tian Xia Ba Chang”, filed a lawsuit over the film Chronicles of the Ghosty Tribe for infringing his rights to the integrity of the series The Ghouls, the concept of the protection of the integrity of artistic work was still all but unknown to the public. The trial verdict […]

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A Brief Review on the Copyright Law of the People’s Republicof China (Draft Amendments for Examination)

(Author: Hongbin Zhang, Partner, Yuru Zuo Associate) On June 6, 2014, the Legislative Affairs Office of the State Council circulated the “Copyright Law of the People’s Republic of China (Draft Amendments for Examination)” to the public for comment (“Draft for Public Comment”), before which the National Copyright Administration invited public comment on such draft amendments on March 31 and July 6, […]

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How to prevent copyright infringement – Four things you shouldn’t do on an enterprise social media account in China

(Author: He Fang; Source: King & Wood Mallesons) In today’s mobile internet era, social media channels such as Weibo and WeChat have become an essential tool in most enterprise companies’ marketing arsenals. However, enterprises often fail to pay enough attention to copyright issues when operating their official accounts. The 2016 White Paper on WeChat Intellectual Property Protection, released by Tencent, shows that […]

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Enforcement of Software Copyright in China – Microsoft Corporation v. Beijing eFuture Technology Co., Ltd.

(Author: Bin Zhang and Na Sai; Source: Lifang & Partners) [Abstract] In December 2012, Wuhan Intermediate People’s Court (“Court”) made a decision on the copyright infringement disputes between Microsoft Corporation (“Microsoft”) and Beijing eFuture Technology Co., Ltd. (“eFuture”). Defendant eFuture was found to have infringed copyrighted software of Plaintiff Microsoft, and was ordered to pay Microsoft RMB 3,879,573 in total […]

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China: Current Status and Protection Strategy of Programs Network Dissemination

(Author: Celia Y. Li, Tai Guo; Source: Kangxin Partners) Along with the rapid development of Internet technology, especially the development of the mobile terminal equipment, media industry in the worldwide is facing both opportunity on and challenge of how to handle digital publication in both business and legal aspects. In China, from the business point of view, the total output value […]

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Prudence is Required When Adapting Literary Works into Game Works

(Author: Peili Ye; Source: Watson & Band) Abstract: Elements of a literary work such as names of characters and their relationships, which might seem not to be protected by the Copyright Law, should be given appropriate attention. If these elements are sufficiently specific and intertwined with the relevant storylines of a literary work, these seemingly independent elements will be protected under the Copyright […]

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“World of Warcraft” Cyber Game Injunction Case

Injunction ordered during an ongoing copyright infringement and unfair competition suit: Blizzard Entertainment Inc. & Shanghai NetEase Network Technology Development Co., Ltd. vs. Chengdu Qiyou Technology Co., Ltd. et al [Guangzhou Intellectual Property Court, (2015) Yue Zhi Fa Zhu Min Chu Zi No.2-1 Civil Judgment & (2015) Yue Zhi Fa Shang Min Chu Zi No. 2-1 Civil Judgment] Case Summary […]

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