Guantao Won Two IP Cases at the Beginning of 2016-北京观韬律师事务所

Guantao Won Two IP Cases at the Beginning of 2016

2016-10-14

HOME > GUANTAO NEWS > Deals > Guantao Won Two IP Cases at the Beginning of 2016

Due to dispute between Wuhu Kangchi Building Material Technology Co., Ltd. and Lijiang ChenghaiBaoer Biological Development Co., Ltd. on their technology transfer agreement, Wuhu Kangchi submitted the dispute to Shanghai Arbitration Committee for arbitration. The arbitral tribunal determined that ChenghaiBaoer should pay Kangchi millions of benefit share expenses. After the award was announced, ChenghaiBaoer authorized Guantao to apply to Shanghai No.1 Intermediate People's Court to set aside the award and represent it at court.

Shanghai No.1 Intermediate People's Court decided that legal representative of Wuhu Kangchi Building Material Technology Co., Ltd. signed a false contract which cannot be performed and concealed oral agreement. Moreover, Kangchi intended to defraud ChenghaiBaoer of property through arbitration. Therefore, the court made a judgment that the previous arbitral award made by Shanghai Arbitration Commission should be set aside.

Guantao team was led by IP partner Gan Weimin, and Vice-chairman of Guantao Yangtze River Delta Intellectual Property Center Chen Wu also advised on the deal.

Recently, represented by Gan Weimin as team leader and Liang Chaoyu as trial lawyer, Hangzhou Datou Erzi Cultural Development won the case of copyright infringement against CCTV Animation Co., Ltd.

Hangzhou Datou Erzi Cultural Development acclaimed that the copyright owner of three works of art, big head son, small head dad and apron mom should be Liu Zedai. In 1990s, commissioned by Shanghai Scientific and Educational Film Studio, Liu Zedai created these three characters for the 1995 cartoon, big head son and small head dad, which was co-produced by Shanghai Scientific and Educational Film Studio and CCTV. There was no written contract and no agreement on ownership of copyright between the two parties. Through assignment of contract, Hangzhou Datou Erzi Cultural Development obtained copyright of the above-mentioned works of art. Without the approval of copyright owner and any compensation, CCTV Animation Co., Ltd. adapted the original work, which infringes on its copyright.

After one-year preparation, Hangzhou Intermediate People's Court judged that Liu Zedai is the copyright owner of these three works of art he composed in 1990s and CCTV Animation Co., Ltd. have the copyright of characters in 1995 cartoon, the derivative work. However, without approval of copyright owner, the defendant’s derivative work, 2013 cartoon, big head son and small head dad, constitutes infringement of plaintiff’s copyright. After half a year, Hangzhou Intermediate People's Court made a final judgment and affirmed the original judgment.

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