Enterprise

China IP,[Comprehensive Reports]

Alibaba Music and Tencent Music Achieves Copyright Cross-License Cooperation
On September 12, Alibaba Music Group and Tencent Music Entertainment Group (TME) jointly announced that both parties achieved a copyright cross-license cooperation, meaning TME would license its copyrighted music resources (containing millions of music resources) to Alibaba Music from three biggest music groups - Universal, Warner and Sony, for which Tencent owns the exclusive agent right; and from YG Entertainment, JVR Music, Loen etc. At the same time, Alibaba Music will license its copyrighted music from Rock Records Co., Ltd., HIM International Music Inc. etc. to Tencent Music.
 
Le.com and Lesports Sued for Default
Haidian People's Court accepted a contract dispute case filed by Great Sports Media Co.,Ltd. (Great Sports) claiming that Le.com Information Technology (Beijing) Corporation Ltd. and Lesports Culture Industry Development (Beijing) Co., Ltd. had not paid their 1 million yuan which was included in the whole 7.5 million yuan copyright fees after Great Sports had fulfilled its duty of exclusively licensing the information network transmission right and broadcasting right of WTA and Snooker Games and urged the defendants to make the payment for many times with no result. Great Sports held that the defendants' behaviors had constituted a breach of their contract and thus filed an appeal to the court claiming that le.com should pay 1 million yuan copyright fees and other relevant overdue fine, and Lesports should bear joint liability.
 
The Biggest Internet Patent Case Between Sogou and Baidu Heard in Beijing
On September 14, the wellknown "biggest internet patent case" between Sogou and Baidu, in which Sogou claimed that Baidu had infringed its patent, was officially heard in Beijing Municipal IP Court after a preliminary investigation preparation. It is said that this round of court hearing focused on 7 patents involved in this case. With the formal trial of this case, this patent case in the Internet sector with the biggest scale will come to the final decisive period.
 
Two Chinese Enterprises Argues for the Trademark of "Mona Lisa"
The Supreme People’s Court held a public trial over the case that Guangdong MONALISA New Construction Material Group Corporation Limited sued Guangzhou MONALISA Construction Materials Co., Ltd. and Foshan Beijiasi Sanitary Ware Co., Ltd. for infringing the former's trademark of "Mona Lisa". In terms of the phenomenon that Chinese enterprises registered trademark for the world famous artwork "Mona Lisa", some professionals suggest that there is a risk in the trademark registration of "foreign names"; instead of this, a more appropriate way is to build the enterprise's own brand by choosing a more characteristic identification as its trademark.
 
Suzhou DAOXIANGCUN Applies for Reconsideration After the Court's Decision of Sales Suspension
On September 22, Beijing Intellectual Property Court made a judgment concerning the trademark infringement case in the e-commerce platform between Beijing Daoxiangcun Foodstuff Co., Ltd. (Beijing Daoxiangcun) and Suzhou DAOXIANGCUN, that Beijing Sudao Food Industry Co., Ltd. and Suzhou DAOXIANGCUN Food Ltd. should immediately stop selling their pastries and cookies with the identification of " 稻香村" on the platform of JD.COM and TMALL. COM etc. On September 24, Suzhou DAOXIANGCUN stated in its official weibo that they felt sorry that they could not accept this verdict and actively applied for reconsideration the next day.
 
HTC Licenses Some Non-Exclusive Patents to Google
On September 21, both Google and HTC affirmed that Google had purchased the smartphone business of HTC. According to their announcements, they had achieved a 1.1-billion-dollar agreement, according to which, some workers in the Mobile Devices Division will join the Hardware Division of Google; Google will acquire some non-exclusive intellectual property; and HTC will retain its own mobile brand and some teams and continue launching new products.
 
Chateau Mouton Rothschild Finally Wins in its 7-year Trademark Battle
Baron Philippede Rothschild SA which owns the Chateau Mouton Rothschild has fought for its trademark right for 7 years against Shanghai Painti Wine Co., Ltd. (Shanghai Painti) which registered a trademark of "穆桐" (with the same pronunciation of Mouton's Chinese name) used on its imported wine product. Recently, the Supreme People's Court made the final judgment that Shanghai Painti's appeal be rejected and the Trademark Review and Adjudication Board of State Administration For Industry and Commerce of the PRC should cancel the approval of the N0. 6685751 trademark- "穆桐" and re-adjudicate this trademark.
 
Kunlun.com Judged to Compensate for Wu Xia Q Zhuan's Infringement Upon Works Adaptation Right
The First Intermediate People's Court of Beijing made the first-instance judgment over the works adaptation right infringement of the mobile game "Wu Xia Q Zhuan" and unfair competition dispute case between the plaintiffs MING HO PUBLICATIONS CORPORATION LTD., Perfect World (Beijing) Software Co., Ltd. and the defendants Beijing Kunlun Wanwei Technology Corporation Ltd. and other 2 companies. The court held that the defendants' behavior had constituted unfair competition and they should compensate the 2 plaintiffs 16 million yuan economic loss and 319 thousand reasonable cost. And the involved mobile game should delete all the factors contained in the story written by the famous writer Jin Yong.

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