The state's promotion of innovative societies requires greater protection of intellectual property rights, but in practice there are frequent cases of intellectual property abuse. In order to give a better understanding of intellectual property rights violations, it is hoped that a brief analysis of intellectual property rights abuses, based on a case study, will be useful。
I. Analysis of cases of intellectual property violations
Central tv is the sole platform for the transmission of the brazilian world cup in mandarin and guangdong in mainland china, while the plaintiffs have exclusive access to the entire central television television programme for worldwide dissemination of information networks. Central tv broadcast in real time 64 football games of the brazilian world cup to mainland china television viewers, after which the plaintiffs provided the public with an online broadcast service via the internet for all the events. In the meantime, the plaintiff discovered that the defendant had provided online live coverage of the brazilian world cup to online users on its website. The plaintiff argued that the defendant had violated the plaintiff's copyright and constituted an undue competition。
The court of first instance found that the purpose of the production of live sports events was to present the whole spectrum of true and objective competitions to the audience, that television broadcasts were unable to control the process, that the choice and expression that the producers of sports events could make in accordance with their will was very limited and that the creative nature they represented was not sufficient to achieve the level of productions created by similar film-making methods, as provided for in our copyright law, and that they were not covered by our copyright law, and the plaintiff claimed that there was no legal basis for the defendant's infringement of his copyright rights. However, there was a competitive relationship between the plaintiff and the defendant, who, without authorization, provided the internet users with real-time rebroadcasting services for the two events in question, which constituted an undue competition, and who was therefore awarded compensation to the plaintiff for rmb 120,000。
The typical significance of this case is that our copyright law distinguishes between “film works and works created by similar methods” and “video products”, which are relatively demanding in their original nature. There is considerable controversy as to whether live video of sports events constitutes a work. This case is the first of its kind in the country to give effect to a ruling on the characterization of sports programmes broadcast on television, which is of some interest in the same cases。
Types of intellectual property rights
1. Copyright and industrial property
Intellectual property is the right of ownership of the fruits of intellectual labour, which is the exclusive right granted to the qualified author and the inventor or owner of the product for a specified period of time under national law。
There are two categories: copyright (also known as copyright, literary property) and industrial property (also known as industrial property)。
(i) copyright
Copyright, also known as copyright, is the general title of the property and moral rights enjoyed by natural or legal persons or other organizations in respect of literary, artistic and scientific works under the law. This includes mainly copyright and neighbouring rights related to copyright; usually we refer to intellectual property rights primarily as rights to computer software and the registration of works。
(ii) industrial property rights
Industrial property, in turn, refers to an intangible property right of practical economic significance in industry, commerce, agriculture, forestry and other industries, thus making the name “industrial property” more appropriate. This includes mainly patent and trademark rights。
2. Personal and property rights
(i) rights of the person
In terms of content, intellectual property consists of both personal and property rights, also known as moral and economic rights。
The right to personal status is understood as the indissociability of the right from the person of the person who has achieved intellectual achievement and as a legal reflection of personal status. For example, the right of authors to sign their works or to publish them, to modify them, etc., is a moral right。
(ii) property rights
The right to property is also referred to as an economic right when the intellectual product is recognized by law and the right holder can use it for remuneration or reward. It refers to the results of intellectual creative work and is a legal right of intellectual workers to its results。
The protection of intellectual property rights has a strong positive impact on the promotion of scientific and technological creation and the development of literary and artistic works, and the legal system of intellectual property rights, as an important component of modern civil and commercial law, is of great importance for the improvement of the chinese legal system and the establishment of a state governed by the rule of law. As a result, in the case of intellectual property disputes, the mini-authors suggested that they should be consulted on the atlas website or that they could commission professional lawyers, whose help would be useful。
