Children's Shoes Enterprises Suspected Of Infringing Copyright Caused A Lawsuit.

Case replay

Without permission

Use others to have copyright designs.

In January this year, an import and export company in Xiamen produced a production in Jinjiang.

The import and export company said its company staff drew 5 pieces of dinosaur series art works and registered the copyright.

After receiving the notice of prosecution, the shoe manufacturer in Jinjiang found the court.

In the face of evidence, they admitted that their products were indeed infringing.

Not long ago, under the auspices of the judge, the two sides reached a conciliation agreement.

The shoe company in Jinjiang paid the plaintiff an economic loss of 20 thousand yuan at one time, and immediately stopped producing, selling and destroying all the infringing products of the dinosaur series of copyrighted copyrights.

Judge comment

Infringement of copyright shall bear corresponding civil liability for tort.

According to the copyright law of our country, copyright is created once the work is completed, so whether you apply for registration of copyright or not, if you have the following conditions: "the scope of works protected by copyright law, with originality and the ability to reproduce in a tangible form", the work will enjoy the protection of copyright law.

In addition, China's copyright registration adopts the principle of voluntariness, and works without registration also enjoy copyright.

But in practice, if the work is not registered and the facts are infringed, the proof in litigation is more difficult.

In this case, the dinosaur pattern is a work created by the staff of the import and export company in Xiamen, and the copyright is the plaintiff.

The plaintiff enjoys the right of reproduction and distribution of the work, and no unit or individual is allowed to copy or issue it without permission.

This shoe company in Jinjiang has used the pattern on its brand children's shoes products without permission. Its behavior violates the relevant provisions of the copyright law and has constituted infringement and should bear corresponding civil liability for tort.

As for the amount of compensation claimed by the plaintiff, the plaintiff can not prove the actual amount of loss, nor can he prove the defendant's profit in selling the infringing product.

Considering the extent of the defendant's subjective fault and the market size of the shoe sales, the two sides reached a conciliation agreement through mediation by the judge.

What needs to be reminded is that once a copyright dispute arises, the works registered in the copyright registration authority are more likely to be protected by law.

Therefore, it is suggested that the copyright owner should put into use after completing the work, so that the copyright protection consciousness should be enhanced and the copyright registration be carried out in time.