Children's Shoes Design Defendant Infringement &Nbsp; Enterprises Should Not Take Risks.

A petition from an import and export company in Xiamen, let Jinjiang kunxing

For this phenomenon, the analysis of the industry is rooted in two aspects: one is the shortage of designers, and the other is the weak sense of law. "In fact, the identification of copyright is simple, and its risk aversion is also easy, but the thinking of some enterprises has not changed", which led to the loss of the ball on the edge of the ball, which had to be borne by the fire.

In February 16th, after the mediation of the people's Court of Jinjiang, Xiamen eco import and Export Co. Ltd. reached an agreement with Jinjiang kunxing shoe industry Co., Ltd., and the lawsuit nearly 3 months ended with 20 thousand yuan compensation by kunxing company.

Regarding the lawsuit, the company has done enough homework. In November 8th last year, a notary accompanied with a pair of suspected children's shoes which were produced by kunxing company in a shoe town in Fengtai District, Beijing, and filed a lawsuit against the Jinjiang Court on 28 December last year, which alleges that Kun Xing Company had used the pattern of "Raptor" and so on, which had been registered by the copyright company on the children's shoes products without permission, and the overall appearance, upper design and sole slip proof patterns were completely copied.

According to the request, the court ordered Kun Xing company to stop infringement and compensate 50 thousand yuan.

Reporters found through two websites and product maps, in fact, allegations alleged by eco.

The judge said that when Kun Hing company admitted infringement and Ai Ke also agreed, the court presided over mediation, and the two sides reached an agreement amounting to 20 thousand yuan.

Reporters call Kun Xing company head, the other side did not deny the case, "now many children's clothing, shoes are very similar in design, because children love, pay attention to the design, the image is very similar.

I do not understand why such a lawsuit will arise, but I will not deliberately use other people's trademarks. We have our own brand.

The person in charge said that he was not clear about the specific circumstances and had already been referred to the lawyer.

However, as of press release, there was no contact with lawyers appointed by kunxing company.

{page_break}

"The protection of copyright is wide and easy, but there are also problems of supervision. Even many enterprises do not know that they have infringed on other people's copyright without being prosecuted or prosecuted."

Du Liyu, lawyer of Fujian Huada law firm, who has long engaged in intellectual property research, said that according to the copyright law of the PRC, copyright was created once the work was completed. Therefore, whether you apply for copyright registration or not, if you have the following conditions, "the scope of works protected by the copyright law", "ingenious, can be copied in a tangible form", the copyright law is protected. In addition, the copyright registration in China adopts the principle of voluntariness, and works without registration also enjoy copyright. However, if the product is not registered, it is more difficult to prove evidence in litigation.

Too wide and too big a net brings problems. "Unless there is a complete plagiarism, there will be a great possibility to reverse the accusation of the prosecution if there are one or two details in the design, which is not the same as the creation of literary works."

Du Liyu told reporters that in fact, disputes over intellectual property rights among enterprises are more trademark wars. In the field of shoes and clothing designs, pictorial designs and so on, there are often many similarities, but many consumers are shopping mainly for a brand, for example, often appear the same content, different brands of cultural shirt.

In the view of Chen Jun, project director of Kung Fu animation (China) Limited, it is not easy for small and medium-sized enterprises to get out of the homogenization competition. "On the one hand, no one, for example, children's wear."

Of course, Chen Jun also admitted that this kind of "edge ball" is better than playing less. As a result of accidentally firing the gun, two preparations should be made: for the copyrights that have been registered, either change the style to register separately, or give up directly, or take the lead in registration. The more reliable way is to carry out copyright registration and trademark registration so as to play a double insurance effect. After all, the protection of registered trademarks is more rigorous and comprehensive. "But many enterprises do not realize this unless they suffer."