Shoes and other cartoon derivative products increasing violations
2014-11-04 信息來源: 東莞市捷圣智能科技有限公司
With the rise of the animation industry, all kinds of infringement also go hand in hand. From the Monkey King, Pleasant to Crayon, Dora A Dream, cartoon repeatedly been involved in lawsuits, has become a pirate in the eyes of "meat and potatoes." Experts believe that the kinds of pirated products have become important factors that hinder the development of domestic animation, the right people to establish a "three-dimensional protection" consciousness, to compress the space unscrupulous businessmen malicious infringement.
Into some commodity markets, everywhere Pleasant, Wolf, Rainbow Cat and Blue Rabbit and other domestic cartoon image, but most of them are pirated products without any authorization. Since 2008, Shanghai Intermediate Court concluded a total of 24 animation industry, intellectual property disputes, including 21 for the animation infringing derivative products, accounting for 87.5%. Unscrupulous businessmen products are shoes, clothes ......
Shanghai Animation Film Studio production of "Monkey King" are masterpieces of Chinese animation, Monkey King Sun Wukong screen image to become a classic. However, the Monkey King Sun Wukong was hit by unauthorized printed on the shoes, and selling at home and abroad, Shanghai Film Studio anger would Guangdong, Shanghai's five companies to court, claims more than 500 million. After the trial, the Shanghai Intermediate Court ordered three defendants company to compensate 500,000 yuan Shanghai Film Studio and stop infringement.
"Cartoon derivative products with high added value, low cost infringement has become the main target all kinds of violations of tort." Shanghai Intermediate Court judge said HU Zhen far, compared with the traditional copyright disputes, cartoon derivative products more subtle infringement and even fake some details. Some criminals in order to avoid copyright protection, tend to choose some details of plagiarism and counterfeiting, such as cartoons of knives, swords and other weapons, but because of these "parts" are not to apply for a design patent, so even knowing that counterfeiting of , it is difficult to identify an infringement.
Protection of intellectual property rights holders dimensional awareness is not enough, but also one of the reasons cartoon image of repeated infringement. Currently, the animation business is not included in the overall planning of intellectual property, such as a cartoon image of copyright registration only without application design patents, trademarks registered only for a single category, design patent applications only for single products, packaging and decoration neglect licensing and publicity. Above loophole for infringers often use, causing controversy.
In addition, many infringers obvious "ride" the well-known cartoon image "bandwagon" motive. When the right people are still obsessed with animation creation, the infringer has started squatting, production-related animation derivatives, reap huge profits. Such as "Crayon" cartoon copyright infringement case, the infringer without the permission of the rights that is, the first registered the "Crayon body image" graphic mark, widely used in clothing, shoes and other goods.
"Animation enterprises should establish copyright, trademark, design patents and other full three-dimensional protection awareness." HU Zhen Yuan said, should do a good job in the pre-planning, timely registration of trademarks in multiple categories and multiple product design patent applications should be possible to expand the scope of the license. The same time to improve the animation industry chain, compression malicious infringement space. In Guangdong Alpha Animation, for example, since last May, the company filed a total of 14 cases of rights litigation in Shanghai in the hospital, were successful in the already concluded 11 cases. Effective protection of the rights, benefits from the Austrian flying animation from content creation, brand licensing, media communication to the various stages of product design, marketing, etc. to protect the integrity of its industrial chain.