The controversy over ownership and copyright infringement of the manuscript of Discussion of Recent -北京观韬律师事务所

The controversy over ownership and copyright infringement of the manuscript of Discussion of Recent

2018-05-15

HOME > GUANTAO NEWS > Deals > The controversy over ownership and copyright infringement of the manuscript of Discussion of Recent

Nanjing Jingdian Auction Co., Ltd. put the manuscript of Discussion of Recent Short Stories by Mao dun up onto the internet for auction in January 2014 on commission of Hui ZHANG, which was finally auctioned at a record high price of 12.075 million yuan. During the auction the defendants executed a series of infringement acts including duplicating, exhibiting, publishing, releasing and spreading on Internet, which infringed the plaintiffs’ copyright.

First-instant Judgment: The court made the judgment that Nanjing Jingdian Auction Co., Ltd. infringed the plaintiffs’ copyright and should compensate the plaintiffs for 100,000 RMB. The second instant affirmed the original judgement. Guantao team include Zhao Weikang and Sun Jing.

This case involved the controversy over the ownership and infringement of copyright. The focuses of controversy are on:

1. Whether the involved manuscript is in the range of calligraphy works or not.

2. Whether the occupant of the involved manuscript is the rightful owner and whether the involved manuscript is a lost property or not.

3. Whether the auction company had fulfilled its obligation of reasonable notice or not.

4. The right conflict between the copyright of art works and ownership of original copy.

This legal service is intricacy and involving a system of multilevel legal logic in fact-finding and rule application which includes but not limited to manuscript and relevant copyright heritage，artistic level recognition of a non-typical calligraphy work of a deceased famous writer，right conflict between real right over a manuscript and copyright thereof, which brings big challenge to our law firm in dealing with this case of controversy and ownership of copyright.

This case was selected as one of the Top 10 intellectual property cases of 2017 by The Supreme People’s Court of The People’s Republic of China.

2024·10·16

Guantao advises a city-level urban investment platform on its private placement of corporate bonds and listing on the Shanghai Stock Exchange

2024·09·02

Guantao assists Chongqing Talent New Energy Co., Ltd. in introducing investments by several funds of

2024·08·14

Guantao assists client in issuing Sinolink Asset Management - Ji’nan Jinkong Factoring Phase 1 Asse

2024·08·20

Guantao assists Aluminum Corporation of China in issuing US$650 million of senior bonds overseas