They are all old -fashioned names, but because of the infringement of packaging bags?

Centennial old shop was sued

A Lantern Festival located in a commercial street in Luoyang, the ancient capital, suddenly received a subpoena from the court one day, and the plaintiff in the prosecution turned out to be another Lantern Festival shop with his own house. The food packaging bag violated the other party's copyright. He didn't understand it. He was also a old -fashioned shop, just because of a food packaging bag, how could he violate the other party's copyright?

The same packaging is troublesome

The plaintiff created art works involved in the case in 2011, and used the art work on the packaging bags of their own stores for consumers to pack it in the store when they bought the Lantern Festival. In 2020, the plaintiff found that a packaging bag used by the defendant's shop was very similar to a packaging bag at home, so he filed a lawsuit to the court.

The plaintiff's defendant is controversial

Plaintiff: Without my authorization, you use our packaging pattern, that is, infringement!

Defendant: The name of my store is hit on the bag. How can this be infringement?

The court trial

In the court trial, the packaging bag used by the defendant, in addition to the different information of the merchant printed above, the overall structure, layout and text content of the appearance pattern of the packaging bag, which is basically the same as the plaintiff's work, which constitutes substantially similar. According to the Copyright Law, the works shall not be copied or issued without the permission of the copyright owner. According to the trial, the defendant infringed on the plaintiff's copyright and should bear civil liability for stopping infringement and compensation for losses. By explaining to the defendant, the defendant stated that he would respect the intellectual property rights of others and no longer use such packaging bags.

In this case, the defendant thought that it was not an infringement on his own business information on the packaging bag, which was a lack of understanding of intellectual property rights.

Innovation is the first driving force for development, and protecting intellectual property rights is to protect innovation. Only by protecting intellectual property rights fairly and rationally, so that market players are in fair competition and competition, can we better stimulate the vitality of the market entity and promote the innovation and development of the whole society.

Source: Luoyang Laocheng District Court

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