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A Case of Dispute over Copyright Infringement Between Plaintiff Wanda Kids Culture Development Co., Ltd. and Defendant Haikou Longhua Puzzle Island Trading Firm

Key words: work of fine arts, exclusive use right, seller 
Case description: British “VAMPIRE SQUID PRODUCTIONS LIMITED” (company limited) got the copyright of fine arts works Octonauts Sign, Buck Captain, Doctor Piso, Kwazii in the whole world from British “CHORION RIGHTS LIMITED” (company limited). “VAMPIRE SQUID PRODUCTIONS LIMITED” got registration certificate for the four works of Kwazii, Octonauts Sign, Buck Captain and Doctor Piso from National Copyright Administration of the People’s Republic of China. “VAMPIRE SQUID PRODUCTIONS LIMITED” authorized the copyright of the works above to Wanda Kids Culture Development Co., Ltd. (hereinafter referred to as Wanda company) that owns exclusive use right. Haikou Longhua Puzzle Island Trading Firm (hereinafter referred to as Puzzle Island Trading Firm) sells toys of “Octonauts” whose outer package is printed with cartoon figures similar to Buck Captain, Doctor Piso and Kwazii of Wanda company without the permission of Wanda company. Wanda company thought Puzzle Island Trading Firm infringed the copyright of the works of fine arts above, so Wanda company sued it to the court and requested Puzzle Island Trading Firm to stop the copyright infringement immediately and compensate economic loss of 50,000 yuan to Wanda company (involving the expenses paid for survey and collecting evidences, stopping infringement and employing lawyers).  
Result of judgment: In the judgment of the court, Wanda company has got the exclusive use right and safeguarding right from original copyright owner for the copyright of the works of fine arts: Octonauts Sign, Buck Captain, Doctor Piso, Kwazii. The toys of “Octonauts” sold by Puzzle Island Trading Firm infringes the copyright of Wanda company. The cartoon figures are similar to the works of fine arts involved in the case. Substantial similarity can be affirmed. As a toy wholesale store, Puzzle Island Trading Firm sells the products which infringe the copyright of Wanda company without the permission of Wanda company, so Puzzle Island Trading Firm shall undertake civil responsibilities of stopping infringement and compensating economic loss and other reasonable expenses of Wanda company. It is judged that: 1. Puzzle Island Trading Firm stops infringing the copyright of Octonauts Sign, Buck Captain, Doctor Piso, Kwazii from the first day of the judgment taking effect. 2. Puzzle Island Trading Firm compensates economic loss and other reasonable expense 15,000 yuan in total to Wanda company within 7 days from the first day of the judgment taking effect. 3. Other claims of Wanda company are rejected. 
Typical significance: This case involves foreign parties. British “VAMPIRE SQUID PRODUCTIONS LIMITED” (company limited) enjoys copyright of the works of fine arts: Octonauts Sign, Buck Captain, Doctor Piso, Kwazii in the whole world. Since the works were promoted and advertised in our country in 2014, they have been well known by the public. Wanda company was authorized the exclusive use right and safeguarding right for copyright of the works of fine arts above. Puzzle Island Trading Firm sells the products which infringe the copyright of Wanda company without the permission of Wanda company, so Puzzle Island Trading Firm shall undertake civil responsibilities of stopping infringement and compensating economic loss and other reasonable expenses of Wanda company. In this kind of copyright infringement case, the right owner tends to sue the seller. Most of the sellers are individual businesses. They do not replenish goods from normal channel and do not reserve corresponding contract, invoice and other evidences. The court, by ordering the individual businesses undertaking infringement responsibility, reminds individual businesses to perform the obligation of checking the lawfulness of the goods and strengthen their awareness of legal business operation.
 


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