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Shall not name the "Warrior armor" (>> enter: Warrior armor topic) series sold more than a hundred pieces. Product sales to Wuhan, Beijing, Chongqing, Nanning, Yiwu country. Liying Feng 3 months to seven million in profit ... ... the court verdict: guilty of copyright infringement the defendant Liying Feng crime, sentenced to 3 years 5 years probation and fined 80,000 yuan.
Armor Warriors (picture)>> enter: Warrior armor Topics
¡¾¡¿ Foreign toy industry news network yesterday, the 13th China Chenghai International Toys & Gifts Fair in Shantou City Chenghai Exhibition Center. In recent years, popular with domestic and international animation, cartoon image of a large number of well-known popular among young people, relating to the cartoon toys began selling in the domestic market. But to make these companies a headache is, as long as genuine toys appeared on the market, there will be followed by a large number of counterfeit toys, and some even before the emergence of genuine products in the country. This not only makes the legitimate interests of rights holders are significantly harmed, and can disrupt the normal operation of the market order. But when the right to seek legal relief, but often face a difficult problem in the application of law --- whether the invasion of counterfeit toys, what rights?
April 20, 2010, the Guangdong Olympic Culture Co., Ltd. to fly animation Chenghai, Shantou City Public Security Bureau Branch of violations of the company`s own complaints Liying Feng developed "armor Warriors" series toys copyright.
Liying Feng, b. 1974, Chenghai area in Shantou City of Guangdong people. July 2009, Liying Feng Fei online buy Austrian company`s products, and mold the product offered to a person surnamed Lai, mold shop to make products, and ordered him slightly altered ratio. After see the finished product, Liying Feng very satisfied, or even looking forward to this to give him a huge profit. He began to rent their own space, to buy raw materials, employing more than ten employees, opened a small factory, and he became a small boss.
But this is a small plant products are to take Austria to fly the company`s product changes. Add some lights, some narrow, some reformed, some changes in packaging design. But the single name of the product to just fly by the Guangdong Olympic name of the company`s product copy.
According to the Guangdong Olympic culture flight Animation Co., Ltd. Mr. Wang said the company has to fly Austrian Federation for the Protection of Guangdong Province copyright of their armor to be registered Warriors series of design patent. "We are the Warriors series armor copyright holder."
8 No Name`s "armor Warriors" series sold more than a hundred pieces. Product sales to Wuhan, Beijing, Chongqing, Nanning, Yiwu country. Liying Feng 3 months to seven million in profit.
April 20, 2010, Chenghai, Shantou City Public Security Bureau seized branch involved in the workplace 526 toy products. The valuation of copyright infringement seized more than 140 toy products worth RMB yuan, involving 200 million yuan. April 21, 2010, Chenghai, Shantou City Public Security Bureau Branch of the crime of copyright infringement on suspicion of criminal detention Liying Feng.
January 13, 2011, Shantou City Chenghai District Court found Liying Feng ignore national laws, for commercial purposes without the copyright owner`s authorization or permission, modify, copy the works of right holders and to production and sales, and the circumstances are especially serious, his behavior constituted the crime of copyright infringement. Court verdict: guilty of copyright infringement the defendant Liying Feng crime, sentenced to 3 years, 5 years probation and fined 80,000 yuan.
Related Chenghai District People`s Procuratorate, according to investigators, said the toys identified as counterfeit acts of copyright infringement, even in Shantou, Guangdong is the first, and in the whole country is quite rare. In getting the case, they even suspect that in the end does not violate the law. Section 6 Investigation and Supervision of individuals are involved in legal basis, and finally, their consensus that the case should be works of art copyright works, is the nature of copyright infringement, and then make "Chenghai District People`s Procuratorate for examination arrests submission" to provide advice to the investigators .
According to China`s legislative system, in judicial practice, copyright law classified as toys difficult to set out the "work" category, many courts that found that it is in violation of copyright difficult. Toys of various shapes, reflecting the heart of the wisdom of master designers independence efforts, the artistic self-evident. Production in industry production, but also reflects the salient features of practicality. Experts said the toys should be classified as "works of applied art" for protection, is more reasonable and scientific, but also includes the author`s respect for intellectual labor.
Intercept value of the allegedly infringing products, more than 400 million cases
Shantou Customs
Nanfang Daily News (Xinhua / Fang Yiqing correspondent / Xuyong En) Shantou Customs efforts to strengthen intellectual property rights of entry and exit of supervisory duties, increase law enforcement efforts to combat infringement, and guide enterprises to protect intellectual property. In an interview with a reporter was informed that the customs, Shantou Customs since last October, to Thunder trend, and implement to combat violations of intellectual property rights and the special action of making and selling counterfeit and shoddy goods, as of mid-April, Shantou Customs IPR customs protection measures taken by 22 times to intercept suspected infringing goods in the customs entry and exit points, import and export goods involving nearly 65 million pieces, valued at RMB 400 million, to promote the fair and orderly market environment for the optimization and improvement.
At present, Shantou related enterprises in the area significantly increased awareness of IPR protection, Guangdong LAF Daily Chemical Co., Ltd., Guangdong Yuedong Magnetoelectric Co., Ltd., Guangdong Hua Wei Toys Technology (Group) Co., Ltd. and other associated Shantou eel the rights of famous brands in more than 20 people have handled the General Administration of Customs customs protection of IPR, the appearance of the suspected suspected counterfeiting, trademark infringement and other similar channels to carry out customs entry and exit points blocked, support the local brand strategy to improve their products competitiveness in overseas markets.
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