Seller notice: Another batch of toys and stationery are suspected of infringement. Have your toys been infringed?

by:Ennas      2022-01-17
In recent years, infringement issues have occurred from time to time, and there are more and more cases of suspected infringement in children's toys. Many toy companies have also paid more attention to copyright issues and have begun to take the initiative to fight for the protection of corporate rights. It is understood that since last year, the Second People's Court of Zhongshan City has accepted a series of copyright infringement dispute cases involving toy and stationery operators in Xiaolan, Guzhen and other towns and districts of a South Korean animation company as the defendant. The company advocates that its company has focused on the development and production of animation since its establishment in 1999. Since its premiere in South Korea in 2011, the 'Transformation Police Car Polly' series has not only become a well-known cartoon star in South Korea, but also received by children from 81 countries and regions around the world. Love and welcome. 'Transformed Police Car Purley' cartoons and the cartoon characters in the cartoons such as Purley, Roy, Anba, Bucky, Hailey, etc. have gained extremely high popularity and reputation, forming a huge market and brand value. The company has registered the above-mentioned animation image in the category of works of art in the National Copyright Administration of my country. Later, the company found through investigation that a batch of toy and stationery operators in Xiaolan and Guzhen had sold goods that infringed the copyright of the company’s registered art works without their permission, and infringed their legal rights, so they sued the court and demanded Each animated image of the above-mentioned operators shall compensate their economic losses of 20,000 yuan and related reasonable expenses ranging from thousands of yuan. When receiving the court summons, most merchants did not understand the attitude, but how can the sale of toys worth tens of dollars infringe the copyright of others, and need to bear such a high compensation; when purchasing, they also checked the manufacturer and Registered address, did not sell the infringing goods involved in the case, and did not infringe the copyright of the plaintiff. After court investigation, the plaintiff enjoys the copyright of the cartoon characters Polly, Roy, Ambar, Bucky, Hailey in the cartoon of 'Transformed Police Car PollyThis type of toy has a high degree of similarity with the protagonists in the animation, and has infringed on the company's related copyrights. After Judge Li Xiaoxia inquired about the case and communicated with other business departments, it was learned that the relevant copyright cases sued by the plaintiff in Zhongshan City have not yet effective judgments. The plaintiff's prosecution of such toy and stationery copyright infringement cases is still the first batch in this city. Due to the epidemic period, considering that most of the merchants are small business entities, selling the toy itself has limited profits, and the business has been bleak for many months, it is undoubtedly worse to bear large amounts of infringement compensation. Based on the above factors, after repeated communication and explanation by Judge Li Xiaoxia, among the 33 cases heard in May, the defendant in 26 cases reached a settlement agreement with the plaintiff, and compensated for some economic losses and reasonable expenses. Indicates that such toys that infringe copyright will no longer be sold. The merchants lamented that because of their own ignorance and carelessness, they infringed on the copyrights of others, and at the same time caused their own losses. It is really not worth the loss! Li Xiaoxia, the judge who heard the case, said: The above-mentioned case is a copyright infringement dispute, and the plaintiff is a limited company incorporated in the Republic of Korea, so the above-mentioned case is a foreign-related intellectual property infringement dispute. 1. According to regulations, in the above-mentioned cases, the plaintiff submitted the registration certificate of the related art work. Without evidence to the contrary, it can be determined that he is the copyright owner of the related art work, and the copyright he enjoys shall be protected in accordance with the law. 2. After comparison, the overall characteristics of the alleged infringing goods are basically the same as the plaintiff’s art works. Without the plaintiff’s permission, the act of producing the alleged infringing goods constitutes an infringement of the right to copy the plaintiff’s work, and the goods are sold. The act constituted an infringement of the right to distribute the plaintiff’s work. 3. The operators of toys and stationery should strengthen their own awareness of intellectual property protection in the course of their business operations, conduct detailed inquiries on the legal source of the products, manufacturers, etc. when purchasing goods, and retain relevant purchasing certificates. Purchase three no products.
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