Radio | IP Café 10/4/2019

Popular TV Performance Triggers Copyright Issue


A recent dance - the Thousand-Hand Guanyin performed by the Chinese actress Guan Xiaotong at a Zhejiang Television show - has been caught in an intellectual property dispute, provoking a public discussion about IP protection in China's film and television industry. At a popular competitive reality show aired on Zhejiang Television on February 15, Guan performed the classic dance, together with the Heart Voice Disabled People's Art Troupe from Beijing. One hour after the performance, the China Disabled People's Performing Art Troupe made an announcement in the wake of infringement on its copyright for Thousand-Hand Guanyin and emphasized that the dance was directed by Zhang Jigang, a well-known Chinese choreographer, not Mao Difang, who appeared in the subtitles on the screen. The next day, Zhejiang Television apologized to the China Disabled People's Performing Art Troupe and explained it is Zhang who created the dance; Mao was simply responsible for the rehearsal. In 2006, Mao filed a copyright complaint with the Haidian District People's Court, claiming that the smash hit dance constituted "substantial similarity" with a dance she created before. The court rejected plaintiff Mao's request. It recognized the copyright registration certificates concerning Thousand-Hand Guanyin, which were granted to the China Disabled People's Performing Art Troupe in 2005, as key evidence. They showed Zhang Jigang as the creator and the troupe as the copyright owner.


Choreographer: /,kɒrɪ'ɒɡrəfə/ n. 编舞者,舞蹈指导 someone who creates new dances

例句:My choreographer keeps chiseling away at me, hoping to shape me into perfection.



Huawei and Samsung Settle Patent Row

Huawei and Samsung have asked an appeals court to pause proceedings in a patent infringement dispute after entering into a settlement agreement. On February 26, the companies asked the US Court of Appeals for the Federal Circuit for a 30-day stay while they complete the steps to finalise the agreement. The companies were set to go to jury trial in September, after Samsung alleged that Huawei breached its FRAND (fair, reasonable and nondiscriminatory) licensing obligations. According to the latest filing, the parties entered into the agreement on February 25 and anticipate that they will finalise it in several weeks. Once this is complete, Huawei will file an unopposed motion to dismiss this pending appeal within the next 30 days, the document said. No further details about the settlement have been published.


FRAND:标准必要专利(Standards Essential Patents)就是在实施标准时,没有办法可以再通过运用其他商业上可实施的且不构成侵权的方式来避免该项专利中的权利要求且侵犯的权力。与之互补的是FRAND原则,(fair, reasonable, and non-discriminatory)公平、合理、和不歧视原则。



China to improve regulations on patent agencies

An amended regulation on China's patent agencies came into force on March 1. The revised regulation has made improvements in terms of qualifications for practitioners, a code of conduct and services supervision. To become qualified patent agents, individuals with the required educational background must pass a national qualification examination to get certificates, according to the regulation. A patent agency should be in the organization form of either a partnership enterprise or a limited liability company. Unless the law stipulates otherwise, any organization and individual can apply for patents and conduct other patent-related affairs in China, or entrust the job to patent agencies, the regulation says. Patent agents shall follow the clients' own will and the principles of fairness, faithfulness and credibility in charging fees, taking both economic and social benefits into consideration, it says.


Stipulates: /'stɪpjʊleɪt/ vi. 规定;保证vt. 规定;保证 specify as a condition or requirement in a contract or agreement; make an express demand or provision in an agreement.

例句:The contract would stipulate reimbursements at any point the engagement is called off.