Recently, the copyright battle on the APP design between Netease (NASDAQ: NTES) and Tencent (SEHK: 700), two major internet companies in China, has been widely reported by local medias, and today’s essay is the digest of the news report and the comments from us.
According to the news of Sina Tech on 12th April afternoon (note: the link is in Chinese), Netease stated its news app has been plagiarized by Rencent and demanded the latter to withdraw the infringing app. It’s also mentioned in Netease’s statement that the Tencent News App for iPhone 2.0 version plagiarizes the layout, comment page, picture page’s design, including the app function and the appearance design.
The following is the full text of Netease’s statement:
On 12th April, Netease announced that its major mobile product News App has been infringed by Tencent’s similar app of 2.0 version on iPhone, which plagiarism includes the layout, comment page, picture page’s function and design. And Netease strongly condemns the rescaldom of Tencent, and hope the company could conduct itself with dignity and withdraw the infringing product from the App Store.
One day after Netease’s criticize, Tencent publicized the statement of its app uploading (note: the link is in Chinese). The statement does not respond to the similarity and claimed plagiarism between the apps. As a strategic product of mobile new media, Tencent has layouted it on iPhone app store very early and the 1st version of the app was uploaded in October, 2010, which is one of the first news apps in China. In the latest version, Tencent has made many innovations on product function, exchange design, content frame, etc.
Latter, Netease commented that the wording of Tencent cannot hold its grand, and the lawsuit is one of its options to settle the dispute. By the latest news of 15th April (note: the link is in Chinese), Netease will report the plagiarism to App Store and demand the product withdrawal. For the issue, the attorneys from our website were interviewed by China National Radio:
To view of lawyers, it marks the fierce competition in China mobile internet market, and the similar product is not rare in China.
1. Both the apps of Tencent and Netease are similar to the earlier product of CNN, with a bar on the above half part and other columns are listed on the bottom.
2. Both apps are actually mimic products, and Netease has decorated its apps which was latter copied by Tencent, while the modification on the app by Tencent is most likely too little, and thereby comes the argument.
3. Legally speaking, the function copy is strictly not the copyright infringement like that the copy to the design. And on general, both parties have learnt the app of CNN with many generic elements remained and adopted. Therefore, once the dispute is brought to the court, it will be more prudent for the judge to decide the infringement.
4. The key of the case is the proof of part plagiarism, and Netease could only win the possible suit when it could demonstrate the detailed design of it has been copied by Tencent and such copy is noticeable to the general public which meanwhile is not included in the generic design.
other posts on our website:
- How to combat knockoff games in China?
- How to protect open source software in China?
- How to make the copyright registration in China?
- Could the Copyright Safe Replace the System of Copyright Registration?
- How to protect personal privacy aginst the invasion of malicious apps?
- How to combat knockoff games in China?
- How to protect open source software in China?
- How to make the copyright registration in China?
- Could the Copyright Safe Replace the System of Copyright Registration?
- How to protect personal privacy aginst the invasion of malicious apps?
Author: Mr. You Yunting
Founder & Editor-in-Chief of Bridge IP Law Commentary
Partner & Attorney-at-law of Shanghai DeBund Law Offices
Email: Bridge@chinaiplawyer.com, Tel: 8621-5213-4900,
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Bridge IP Law Commentary is a website focus on the introduction of commercial laws in China, especially the intellectual property laws. All the posts here are our original works. And all news or cases referred here are from public reports, and our comments or analysis are of due diligence, neutrality and impartiality, representing our own opinions only and are our original works. You may contact us shall you have any opinions or suggestions.
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