Friday, February 10, 2012

he court asked the parties agree to mediation

trial,MBT Ema, involved in work of the plaintiff which produced a map, circle for a dispute details.
July this year, Zhou Feng, a professor of Shandong University found, issued by the People's Bank of China, the Chinese Literature --- Water Margin> color of gold and silver commemorative coins, deep
week that their works of authorship, the right to amend, and so to protect the right of integrity and distribution rights are violated, then the China Gold Coin Corporation as the first defendant, Shenzhen Guobao Mint Co.,MBT Habari Sandals, Ltd. as the first The two defendants, Shandong Qi Quan commemorative coins as a third defendant to be prosecuted; color stone and generous of Art and Design Center Co., Ltd. is an additional third person.
yesterday afternoon, the Jinan Intermediate People's Court for the first time hearing the case publicly. It is understood that the cases of infringement of the lawful currency of the image first in the country.
■ the parties to appear in court: two works of art cited disputes
yesterday, 13:30, involving all parties to appear in court on time. Plaintiff Zhou Feng commissioned agents --- court Wenjiang Hong, Shandong Wen Kai Lawyer.; Three defendants and third party agents or legal representatives have participated in the trial.
Zhou Feng was born in 1958 employed professor of critical Kong Shandong University, Shandong University, director of the Heritage Institute. Wenjiang Hong statements, July 2010, Zhou found in the China Gold Coin online in the People's Bank of China issued by the Chinese literary classics --- Water Margin> color gold and silver commemorative coins (first group) Monk Lu Zhishen pattern with the plaintiff works created by patterns with their creative works,
Zhou Feng was informed that the People's Bank of China issued on August 18, 2009, 23 issue of its second group, are to the lawful currency of the People's Republic of China. including disputed in this case silver --- a denomination of 10 yuan Juan Monk Lu Zhishen a circulation of 60,000; a nominal value of 10 yuan Juan Walker Wu 1 ounce colored silver commemorative coins, the largest circulation of 70 000
involved in silver from Shenzhen Guobao Mint Casting Co., Ltd., the total distribution of the China Gold Coin Corporation, Shandong Qi Quan commemorative coins are also involved in sales, so Zhou Feng three court. China Gold Coin Corporation that involved commemorative coins on the pattern of its commissioned the color of Beijing stone and generous art design center design, and therefore the latter as the third person to appear.
■ parties the burden of proof: careful comparison of the work involved in details
this year on August 27, weeks peak in Shandong Qi Quan commemorative coins to buy the involved set of commemorative coins after careful comparison, in his view, almost the same pattern with its two works on the two commemorative coins, is the main part of the plagiarism of his works to be tampered with from
Wenjiang Hong produce the relevant evidence in the courts the burden of proof, and carefully compared the details of the work involved. Wu styling details such as the relevant pattern, Tiger posture, the shape of a tiger, tiger body details and the entire the layout of the elements of the pattern, the expression means; contrast the Zhou design stamps, willow leaves, color, roots and other details.
the three defendants and a third person were also presented relevant evidence. trial, who claimed was the designer of these two works Mr. Song court card, he said that these two works and other design independently created, the main impression from the film and television work and comic book related to Water Margin
accept Wenjiang Hong inquiry in court, Mr. Song was admitted did not read Water Margin original; asked Lu Zhishen worn straight Duo What color is the other frankly do not know.
■ different perspectives: the relevant parties uncompromising
stage of the debate in the courts, Wenjiang Hong said that the three defendants for the purpose of profit without the permission of the plaintiff is the unauthorized use of plaintiff work, a serious violation of the plaintiffs works of authorship,MBT Nafasi Mid Sale, the right to amend, to protect the right of integrity and distribution rights to request The court shall order the three defendants jointly bear tort liability. circulation and retail price, p>
China Gold Coin Corporation, said the units directly under the China Gold Coin Corporation, Department of the People's Bank of China to fulfill the sale functions of precious metals, the sale of commemorative coins is the lawful currency of the State. monetary artwork first to public solicitation after review Commission review does follow a strict design and review process; not plagiarism, tampering with the works of the plaintiff from the case of intellectual property disputes, and should also be responsible for color stone. Moreover, Zhou Feng also can not prove that they are described in The pattern of the copyright holder. involved in pattern from the traditional Chinese culture for centuries the performance of the countless works of the theme, its overall design,Nike Air Max Sale, will inevitably have a considerable uniformity in the character scenes. this unity in essence from the traditional culture property should not be regarded as a violation of copyright.
Shenzhen Guobao Mint said the coin money, have a legal agreement signed with the related company or organization,MBT Tabia, and casting in accordance with the draft design to the company and there is no infringement, currency and its sales practices are lawful, and the case does not matter.
third party argued that the evidence presented by the plaintiff can not prove that the involved work there is no infringement of copyright, behavior; third person also produce the relevant evidence, involved in work is the chief designer of the color stone and generous of Art and Design Centre Limited and the employees independently created.
■ chose a sentencing date: the original The defendants have agreed to mediation
the court asked the parties agree to mediation, the parties agreed.
trial judge finally said that cases of controversial content has a strong professional also involves the problem of identification of works of intellectual property rights of traditional cultural themes, do not have the conditions of the court for sentencing, the court will give full weight to evidence and held point of view,MBT UK, for some professional aspects of the dispute, if necessary, through identification to determine the case will chose a sentencing date, this newspaper will continue to focus on.
(Reporter Sun Hua)

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