Copyright is also called copyright in our country and is a type of intellectual property. This time I will share with you 3 classic cases of intellectual property infringement. I hope you can see the impact of these cases on your own intellectual property rights. Pay enough attention to protect your rights through legal means. Intellectual Property Infringement Cases Intellectual Property Infringement Case 1: Apple APP Copyright Infringement Case "Li Cola's Resistance to Demolition" was published by Gansu People's Fine Arts Publishing House, and Li Chengpeng is the author of the book. Li Chengpeng accused Apple of uploading his copyrighted works to the Apple App Store without his permission, or through division of labor and cooperation with developers, and providing the public with downloads and reading through the store to obtain economic benefits. Infringement of the information network dissemination rights of the works involved. After a trial, the court ruled that Apple should compensate Li Chengpeng for 10,000 yuan in economic losses and 1,000 yuan in reasonable litigation expenses. This case is one of a series of rights protection lawsuits filed by the Writers Rights Alliance against Apple for providing apps that allegedly infringe on its copyrights in the App Store operated by Apple. Ultimately, the court determined that Apple is the operator of the App store. The App store is an online service platform that focuses on paid downloads. In its agreement with the developer, it agreed on a fixed proportion of direct revenue. Therefore, Apple has a higher duty of care towards developers’ infringements. Even though Apple could clearly perceive that the application involved was provided without permission, it still failed to take reasonable measures and failed to fulfill its duty of care. It was subjectively at fault, and its behavior constituted infringement. This intellectual property infringement case also reflects the rapid development of the current Internet, and the regulatory behavior of the platform is also of great significance. Intellectual Property Infringement Case 2: Copyright and Privacy Infringement Case of Qian Zhongshu’s Letters In May 2013, China Trade Shengjia International Auction Co., Ltd. (hereinafter referred to as China Trade Shengjia Company) issued an auction announcement for the manuscript of the late famous scholar Qian Zhongshu’s letters. Qian Zhongshu's widow Yang Jikang (penname Yang Jiang) filed a copyright and privacy infringement lawsuit with the court, believing that Li Guoqiang and Zhongmao Shengjia Company constituted an infringement of her copyright and privacy rights. After a trial, the court made a judgment: Zhongmao Shengjia Company and Li Guoqiang stopped infringement, compensated Yang Jikang for economic losses and mental damages of 100,000 yuan, and apologized. This case is not only representative and attracts widespread attention because it involves the identification of multiple rights such as copyright, privacy rights, and property rights, but it also defines and regulates the liability of auction companies for infringing upon the copyrights of others due to their engagement in auction activities, especially for auctions. In auction activities, in addition to reviewing the ownership of the auction objects and the identity of the consignor in accordance with the Auction Law, and signing an entrusted auction contract, the company must also The ownership of relevant copyright rights, the protection of privacy rights and portrait rights should be reviewed to fulfill the legal obligations of the auctioneer under the Auction Law. The conclusion of this case has clarified the legal obligations of the auctioneer, standardized the order of the auction market, and has positive significance for safeguarding the copyright, privacy and other civil rights of relevant rights holders. Intellectual Property Infringement Case Three: "Massage" Copyright Infringement and Unfair Competition Case Bi Feiyu is the author of the 8th Mao Dun Literary Award-winning novel "Massage", which was published by People's Literature Publishing House in September 2008. In July 2009, Bi Feiyu exclusively provided the TV series adaptation rights to Zhongrong Company. On December 2, 2010, Zhongrong Company transferred the authorization it obtained to Heguchuan Company. In January 2011, Heguchuan Company commissioned Chen Ping to script the TV series adaptation of the literary work "Massage". In April 2013, Chen Peng and Xiyuan Publishing House signed a "book publishing contract" for Chen Ping's version of "Massage" (volumes 1 and 2). In June of the same year, the book was published. Bi Feiyu and People's Literature Publishing House sued the court on the grounds that the publication and distribution of Chen Peng's version of "Massage" was an infringement. The court made a verdict after trial: Xiyuan Publishing House stopped publishing and distributing the book "Massage"; Beijing Xinhua Bookstore and Wangfujing Bookstore stopped selling the book "Massage"; Chen Ping and Xiyuan Publishing House jointly and severally compensated Bi Feiyu for economic losses of 140,000 yuan; Chen Ping , Xiyuan Publishing House jointly and severally compensated People's Literature Publishing House Co., Ltd. for economic losses of 80,000 yuan and reasonable expenses of 5,000 yuan due to litigation.

The legislative purpose of the Anti-Unfair Competition Law is to regulate the business behavior of market operators and maintain the social and economic order of fair competition. Therefore, the Anti-Unfair Competition Law mainly regulates authorization in the process of commodity market circulation, rather than regulating the process of commodity creation. Authorization. In this case, Chen Ping and Xiyuan Publishing House only have the authorization to adapt the works, but not the authorization to publish the adapted works. That is to say, they do not have the authorization to promote the relevant adapted works to the cultural market and circulate them as book commodities. Therefore, , the defendant’s publication of the work of the same name constituted unfair competition. This case reflects to a certain extent the confusion in authorization, weak awareness of rights, and lack of integrity that exist in the current book publishing market. The trial of this case will help the parties involved regulate their behavior, and also provide guidance for the legal and standardized business development of the entire book publishing industry. Intellectual property cases are not limited to copyrights. Trademarks and patents are all part of intellectual property. If you want to know more about intellectual property, you can contact us.