Sharing three classic cases of intellectual property infringement

Copyright, also called copyright in China, is a kind of intellectual property. I will share three classic cases with you this time. I hope you can see that these cases pay enough attention to your intellectual property rights, so as to safeguard your rights through legal means. Intellectual property infringement case 1: Apple App copyright infringement case "Li Fan Tear Record" was published by Gansu People's Fine Arts Publishing House, and Li was the author of the book. Li accused Apple of uploading its copyrighted works to the Apple App Store without its permission, or through division of labor and cooperation with developers, and providing downloading and reading to the public through the store to obtain economic benefits, infringing on the right of information network communication of the works involved. After trial, the court ruled that Apple compensated Li for economic losses of 654.38+0000 yuan and reasonable expenses of 654.38+0000 yuan due to litigation. The case is one of a series of rights protection lawsuits filed by Writers' Rights Protection Alliance against Apple's provision of applications suspected of infringing its copyright on its App store. In the end, the court found that Apple is the operator of the App store, which is a network service platform based on paid downloading, and a fixed proportion of direct income is stipulated in the agreement with developers, so Apple should pay more attention to the infringement of developers. When Apple can clearly perceive that the application involved was provided without permission, it failed to take reasonable measures and fulfill its duty of care, which subjectively constituted infringement. This case of intellectual property infringement also illustrates the rapid development of the current Internet, and the supervision of the platform is also of great significance. Intellectual Property Infringement Case 2: Qian Zhongshu's Letter Copyright and Privacy Infringement Case 2065438+In May 2003, China Trade Shengjia International Auction Co., Ltd. (hereinafter referred to as China Trade Shengjia Company) announced the auction announcement of the late famous scholar Qian Zhongshu's letter manuscript. Yang Jikang (pen name Jiang Yang), the widow of Qian Zhongshu, filed a lawsuit on copyright and privacy in court, arguing that Li Guoqiang and Zhongmao Shengjia Company constituted an infringement on her copyright and privacy. After trial, the court made a judgment: Zhongmao Shengjia Company and Li Guoqiang stopped the infringement, compensated Yang Jikang for economic losses and spiritual damages of 65,438+10,000 yuan and apologized. This case is not only representative and widely concerned because it involves many rights such as copyright, privacy and property rights, but also defines and regulates the responsibility of the auction company for infringing others' copyright in auction activities, especially in auction activities, in addition to reviewing the ownership of the auction target and the identity of the client according to the auction law and signing the entrusted auction contract. For auction objects with other civil rights, such as copyright, privacy and portrait rights, we should also examine the ownership of relevant copyright, privacy and the right protection of portrait rights. , in order to fulfill the statutory obligations entrusted to the auctioneer by the auction law. The conclusion of this case has clarified the legal obligations of the auctioneer, standardized the order of the auction market, and is of positive significance to safeguarding the copyright, privacy and other civil rights of relevant rights holders. Case 3 of Intellectual Property Infringement: The case of copyright infringement and unfair competition of Tuina Bi Feiyu is the author of Tuina, an award-winning novel of the 8th Mao Dun Literature Award, which was published by People's Literature Publishing House in September 2008. In July, 2009, Bi Feiyu provided exclusive TV adaptation rights to Zhongrong Company. 20 10 12, Zhongrong Company transferred its authorization to Valley Chuan Company. 201111October, Heguchuan Company entrusted Chen Ping to adapt and write the TV series of the literary work Tuina. In April of 20 13, Chen Ping signed a publishing contract with Xiyuan Publishing House for the book Tuina (Volume I and Volume II), which was published in June of the same year. Bi Feiyu and People's Literature Publishing House sued the court for infringing the publishing right of Chen's version of Tuina. The court made a judgment after trial: Xiyuan Publishing House stopped publishing the book Tuina; Beijing Xinhua Bookstore Wangfujing Bookstore stopped selling the book Massage; Chen Biao and Xiyuan Publishing House jointly compensated Bi Feiyu for the economic loss of 6,543,800 yuan+0.4 million yuan; Chen Ping and Xiyuan Publishing House jointly compensated People's Literature Publishing House Co., Ltd. for economic losses of 80,000 yuan and reasonable expenses such as litigation costs of 5,000 yuan. The legislative purpose of anti-unfair competition law is to standardize the business behavior of market operators and maintain the social and economic order of fair competition. Therefore, the anti-unfair competition law mainly regulates the authorization in the process of commodity market circulation, not the authorization in the process of commodity creation. In this case, Chen Tuan and Xiyuan Publishing House only have the authorization to adapt the works, but not to publish the adapted works, that is to say, they have no authorization to promote the relevant adapted works to the cultural market and circulate them as books and commodities. Therefore, the defendant's act of publishing a work of the same name constitutes unfair competition. This case, to a certain extent, reflects the confusion of authorization, weak awareness of rights and lack of integrity in the current book publishing market. Through the trial of this case, it is helpful for the parties to regulate their own behavior, and also provides guidance for the legal and standardized operation and development of the whole book publishing industry. Intellectual property cases are not only related to copyright. Trademarks and patents are part of intellectual property rights. If you want to know more about intellectual property, you can contact us.