Despite the Record-Making CNY 1, 000, 000 Compensation for Yao Ming, Infringer Did Not Lose the Lawsuit

Among the Ten IPR Cases issued by the Supreme People’s Court in 2012, one of the more interesting ones involves a case of portrait infringement involving international basketball star Yao Ming’s likeness. Despite the court’s understanding that infringement had been found for the unlicensed use of Yao’s portrait and name, granting compensation as high as RMB 1 million Yuan, such an amount is far less than Yao’s typical payment for participating in ads and other marketing materials. For this reason, the court’s decision to grant such an amount is simply inadequate to prevent further acts of infringement involving a well-known person’s name and likeness.

READ MORE

App Store: Duty Free for Safe Harbor Principle in China?

By You Yunting

In March of 2012, 22 Chinese authors filed a lawsuit against Apple in Beijing No.2 Intermediate People’s Court and claimed  compensation of more than ten million. In the case, the plaintiffs stated that their works have been adapted into apps used on iPhone, iPad and iPod Touch, free of being charged at App Store. The case is the first lawsuit with the operator of App Store being the defendants, and will produce a prominent influence on the newly developed online store, which was launched in 2008 and with more than 360 million users . Now the litigation is under the spotlight, and this essay is focusing on the legal status of Apple and the defects in the process complaints of the store.

READ MORE