Could an Additional Proof be Admitted in the TRAB’s Trademark Review?


(By Luo Yanjie) Abstract: The general principle of copyright authorship centers on the signature in the work pursuant to the Copyright Law. The Trademark Review and Adjudication Board shall determine the proof that provided by the administrative counterparty with strict and cautious attitude and consider the changes together with the combination of legal facts and objective conditions so as to make a ruling that protects the right holders’ legitimate rights and interests.

The people’s court shall have the right to revoke the ruling made by the Trademark Review and Adjudication Board (the “TRAB”) and order the TRAB to remake a ruling. For how the TRAB deal with the additional evidences provided by the administrative counterparty during the period of re-ruling, there are no clear laws and regulations. In today’s post, we would like to introduce a typical case with readers.


Is It Necessary to Receive Approval from the Rights Holder of an Original Work in Order to Use Adapted Work?


(By Luo Yanjie) Recent internet news has stated that the film adaption rights for Big Breast & Wide Hips, the work of 2012 Nobel laureate, Mo Yan, have sold for RMB 11,180,000 yuan, and the film will be directed by Zhang Yimou. Although Mo Yan’s agency ultimately confirmed that this was a false rumor, the cinematographic adaption of Mo Yan’s work has garnered public attention. With the trend of greater diversity in forms of work, we have seen more and more works recomposed in other artistic forms. Legally speaking, this re-composition actually belongs to adaption under the Copyright Law, and the work created is therefore adapted work. Today’s post will introduce the Chinese system for adaption of the film and cinematographic works.


Beijing Love Story Is Confirmed as a Cooperative Work


(By Albert Chen) Recently, the Beijing Xicheng People’s Court made its decision on the dispute over copyright ownership of Beijing Love Story (“Story”) between Li Yaling and Chen Sichen, confirming that the Story was a cooperative work and that Li held copyright rights over it. After the Court’s decision, Li stated she would take the lawsuit a step further to invalidate the copyright transfer contract made unilaterally by Chen.

Although the author has certainly not seen the contents of the verdict, and the outlook on Li’s appeal to have the contract invalidated is pessimistic, to some extent, Li has already fulfilled her rights protection goals. At the same time, this case also serves as a reminder for other creators of TV series to pay more attention to copyright ownership and protection.


How to Judge the Copyright Holder of Musical Works

 (By Luo Yanjie) Previously, we introduced how to determine the copyright holder of cinematographic works, and today we would like to continue by introducing how to determine copyright ownership of musical works. Similar to cinematographic works, we have confronted situations in infringement cases in which it is difficult to determine the copyright holder of musical work. For example, in one case the copyright conducted in mainland China was licensed by an overseas rights holder, but the name in the signed and issued license was different from what was written on the original CD. Although the issue might have come from a mistake in the translation, it still created a real obstacle for the rights holder. Now, let’s take a look on the way to determine the copyright holder of musical work in China.


How to Judge the Copyright Holder of Cinematographic Work in China?

(By Luo Yanjie) In a previous infringement case against cinematographic we handled, the plaintiff submitted several articles of evidence to the court, which showed that the work belonged to different copyright holders: according to a certificate issued by the Hong Kong Copyright Center, it was Copyrighter A’s property while the subtitle authorship rights belonged to Copyrighter B. And yet, as demonstrated by a license agreement, C shall be the exclusive holder of the copyright. That made the plaintiff argue for his ownership of the copyright. In fact, due to the complexity in determining copyright ownership, contradictory disputes like the one described above are quite common in actual practice. In today’s post we will share our understanding of the issue.