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QBPC Held a Symposium on Network Copyright Protection

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QBPC Held a Symposium on Network Copyright Protection

    QBPC Held a Symposium on Network Copyright Protection

    Today, with continuous development of information network communication technology, how should right holders protect their intellectual property? QBPC members are concerned about this issue. On Oct. 27th, QBPC held a symposium on network copyright at Nike Company. Presiding Judge Zhang Xiaoxia and Judge Feng Gang of Beijing Intellectual Property Court were invited to the symposium, at which they delivered keynote speeches and discussed legal issues with attendees about the judicial protection of network copyrights. QBPC Vice Presidents Yun Xuan and Lei Lingfei and 23 representatives from companies including Hennessy, Samsung, Toyota and Schneider Electric attended the symposium, which was presided over by Li Rong, coordinator of the Creative Industry Working Group of the QBPC.

    Presiding Judge Zhang Xiaoxia first briefed QBPC members on the role and the mission of Beijing Intellectual Property Court. The role is to serve as a pilot field of judicial reform and the mission is to intensify intellectual property protection, create a judicial environment of sincerity and justice, and build an international image of fairness and justice. Presiding Judge Zhang was very delighted to hold a discussion with attendees and was willing to hear the voices of foreign-funded enterprises from all over the world. She also hoped to take this symposium as an opportunity to know about the outside world's views on China's judicial protection of intellectual property and Chinese intellectual property courts.

    Judge Feng Gang made a special report, entitled "Criteria for Determining the Information Network Propagation Behavior and Study on the Issue of Setting Additional Link with Destructing Technological Protection Measures", focusing on six topics, including "the basic position of providing judicial protection of intellectual property in emerging areas and business formats", "study on the issue of setting additional link with destructing technological protection measures", and "problems, causes and solution suggestions of the current judicial practice". In the report, general information and the handling result of the case that Tencent filed a lawsuit against E-linkway Company for infringing information network propagation right were introduced to QBPC members.

    After the report, the two sides commenced exchanges and interactions. QBPC members expressed their opinions and put forward suggestions on a few issues, which President Zhang and Judge Feng replied to and explained actively. These issues include setting additional link with destructing technological protection measures, development trend of civil injunction and behavior preservation measures, how to protect works which have not yet been granted a trademark right by adopting the copyright protection method, the judgment of short-video infringement, the identification of copyright ownership by identifying time-stamps, the burden of proof of the sales data of the e-commerce platform and the distribution of evidential burden, whether to increase the penalties for intellectual property infringement in the civil litigation, the issue about the expression package copyright, and the concept of "commercialization right".

    This symposium did not only enhance the mutual understanding, but also created a new channel for communication between the QBPC and Beijing Intellectual Property Court. Both parties look forward to conducting such pragmatic exchanges in the future as many as possible.

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