trial in which a plaintiff to show the work involved comparison chart, circle the controversial details.
July this year, Shandong University professor Zhou Feng found that, by the People's Bank of China issued the deep
Zhou Feng that their works of authorship, the right to amend, to protect the right of integrity etc and distribution rights are violated, then the China Gold Coin Corporation, as the first defendant, David Mint Co., Ltd. of Shenzhen as the first two defendants, Ltd. Shandong Qi Quan coins as the third defendant to be prosecuted; Beijing Color Stone Art Design Center Co., Ltd. was generous additional third person.
yesterday afternoon, the first time,Dr Dre Headphones, Jinan Intermediate People's Court hearing the case publicly. It is understood that the legal currency images infringement cases in the first case.
■ the parties to appear: two works of art cited disputes
13:30 yesterday, the parties are to appear in court on time. Zhou Feng plaintiff entrusted his agent --- Shandong Wen Kai Lawyer Wenjiang Hong appearance; three defendants and third party agents or legal representatives have participated in the trial.
1958 Zhou Feng was born in Shandong school recruits for the key post, Professor, Shandong University, Institute of Cultural Heritage. Wenjiang Hong statements, in July 2010, Zhou Feng coins found on the Internet in China, People's Bank of China issued the patterns and their creative work,
peak that week, People's Bank of China on August 18, 2009 issue of 23 issue of the second group, are legal tender in the People's Republic, including dispute in this case silver --- a denomination of 10 yuan engrave a circulation of 60,000; a face value of $ 10 engrave a Co.,Monster Online, Ltd. Foundry, China Gold Coin Corporation Distribution, Ltd. Shandong Qi Quan commemorative coins are also involved in sales, so the three-week peak of the court of China Gold Coin Corporation in that involved commemorative coins on the color pattern is entrusted Beijing Stone Art Design Center Co., Ltd. designs and generous, and therefore the latter as the third person to appear.
■ all the burden of proof: carefully comparing details of the work involved
August 27, weeks spring in Shandong Qi Feng Co., Ltd. to purchase commemorative coins involved in a set of commemorative coins. After careful comparison, he thought, of which two commemorative coins with two works on almost the same pattern, is the main part of their work from plagiarism to be tampered with .
stage of proof in court, Wenjiang Hong produce the relevant evidence, and carefully compared the details of the work involved, such as details of the relevant patterns in the Wu style, Tiger posture, the shape of the tiger, the tiger and the entire body Details design the layout of the elements, performance techniques, etc.; contrast Zhou Feng-designed stamps, willow leaves, color, roots and other details.
the three accused persons were also presented with a third of the relevant evidence in the trial, who claimed that two works had been designed to appear as a person's Mr. Song card, he said these two works is their own and other designers independently created, the impression comes mainly from the Water Margin, and comic book film and television work.
in court to accept Wenjiang Hong's inquiry, Mr. Sung admits Water Margin has not read the original; worn straight Duo Lu asked what color, the other admits do not know.
■ different perspectives: stakeholders uncompromising
stage of the debate in the courts, Wenjiang Hong said the three defendants for commercial purposes, without plaintiff's permission to use plaintiff's work, a serious violation of the plaintiffs works of authorship, the right to amend, to protect the right of integrity and distribution rights to request the court shall order the three co-defendants bear tort liability, according to their circulation and retail price calculation, the p>
side said China Gold Coin Corporation, China Gold Coin Corporation, Department of People's Bank of China directly under the unit, perform the functions of precious metals for sale, sale of commemorative coins is a national legal tender currency first to the public artwork collection, after the accredited Commission review does, follow a strict design and review process; therefore not copied, altered from the plaintiff's works, such as in case of intellectual property dispute, the company should also be responsible for color stone. Moreover, Zhou Feng can not prove that they are described pattern of the copyright owner. In addition, involving patterns from traditional Chinese culture, for centuries the performance of numerous works on the subject, its overall design, character scenes are inevitably a considerable unity. This unity of nature from the traditional culture properties of the decision, and not recognized as a violation of copyright.
David Mint Co., Ltd. in Shenzhen, the company said in casting currency, and related companies or organizations have signed a legal agreement and draft to the cast according to the design, the company is not infringement, currency and sales practices are lawful, they are nothing to do with the case.
third side argued that the plaintiff presented evidence, in terms of copyright, related to the work involved can not prove that there is infringement behavior; In addition, the third person also produced evidence that work is involved in a generous Beijing Color Stone Art Design Center Co., Ltd., chief designer and creative independent workers.
■ select a sentencing: the original defendants agreed to mediation
asked in court whether the parties agree to mediation, the parties agreed.
trial judge finally said, the case dispute the content has a strong professional, also works of intellectual property rights related to traditional cultural themes identified problems, the conditions do not have the sentencing court, the court will give full attention to the evidence and all beliefs, for some professional disputes, if necessary,Beats By Dre Sale, will be judged by the relevant identification. The case will be choose a sentencing date, this newspaper will continue to focus on.
(Reporters Sun Hua)
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