中文English
 Copyright infrigement


         Imitative Toy Auto Model without Authorization

Plaintiff: AA Company & BB Company
Defendant: XX Company

Facts :

In May of 1997, the AA Company & BB Company entrusted the agent of the present company to make complaint in the State Copyright Office. It is said that the XX Company had plagiarized and imitated the copyrighted auto models, and the packages, assembly instructions and the affix paper thereof without authorization. Because their copyright had been infringed, they requested the State Copyright Office to investigate and treat the matter.
Upon investigation, it is found that, the XX Company had produced all together 13 kinds of plastic auto models driven by batteries and the packages, assembly instructions and affix paper thereof since 1996. These products were almost the same with the auto models and relevant materials thereof in the complaint of the AA Company and BB Company, except a slight modification on few particular parts.

Although said auto models were not the protected object of the Copyright Law at that time, the aforesaid packages, assembly instructions and affix paper thereof belonged to the categories of written works and the works of fine arts respectively. They should be protected by the Copyright Law of the PRC. The XX Company could not prove that the packages, assembly instructions and affix paper were designed by the company itself, or provide evidences to show the permission by the copyright holder. Thus, it was firmly believed that the aforesaid packages, assembly instructions and affix paper produced had infringed the copyright owned by the AA Company and BB Company.

Settlement:

According to the requests of both parties, the Copyright Administration Division of the State Copyright Office had made a mediation on the infringement. The following agreements were reached at last:

1. The XX Company will express apology to the AA Company & BB Company for producing and selling unauthorized relevant packages, assembly instructions and affix paper, and guarantee no longer to produce the above products;

2. The XX Company will voluntarily give up the production of the above auto models and destroy the infringing products under the supervision of the State Copyright Office;

3. The XX Company will make a lump sum payment of ¥ 450,000 RMB to the AA Company & BB Company;

4. The AA Company & BB Company agrees to withdraw the compliant concerning the above infringing acts of the XX Company in China, and agrees that it will no longer go into any legal responsibility on the above infringing acts.

An agreement was been reached.