Zhongbin Costs Bilibili parent company violates the CBA league copyright claim for more than 400 million yuan

Xinhua News Agency, Beijing, July 27 (Reporter Wang Jingyu) Relevant persons from the China Basketball Union (Beijing) Sports Co., Ltd. (hereinafter referred to as "CBA Company") confirmed on the 27th that the China Basketball Union violates copyright and unfair competition on the website The lawsuit filed on the grounds of infringement is in progress. Shanghai Kuanyu Digital Technology Co., Ltd. and Shanghai Fantasy Information Technology Co., Ltd., which jointly operate the Bilibili website, have been claimed more than 400 million yuan.

Relevant sources of CBA Company said that Bilibili website was the title owner of the CBA League Shanghai Big Shark Basketball Team, and also signed a contract with the CBA to get the 2017-2018 and 2018-2019 season of Shanghai Big Shark Basketball Team. The right to spread on the website. Based on this, CBA believes that the Bilibili website has in -depth contact with the CBA league competition program that CBA companies enjoyed by CBA companies, and they are familiar with the trading practice of the CBA league event broadcast. However, after the cooperation is over, the Bilibili website is large-scale, large-scale, and systematic in the season, that is, the CBA league show video in the 2019-2020 season is commercially used. This behavior of Bilibili website has obvious subjective and maliciousness, and belongs to a serious business-retreated behavior. It not only seriously violates the intellectual property rights of the CBA company, but also seizes the commercial value and of the 2019-2020 season CBA league programs. Market competition interests have disrupted the competitive order authorized and played by sports events, and brought a serious negative impact on the healthy development of the industry. Therefore, the CBA company has adopted the necessary judicial means to investigate the relevant infringement responsibilities of Bilibili website to safeguard their legitimate rights and interests.

After hiring a team of lawyers to collect relevant evidence, the CBA company filed a lawsuit with the Beijing Intellectual Property Court in September 2021.

As one of the defendants, Shanghai Kuan Entertainment Digital Technology Co., Ltd. (referred to as Shanghai Kuan Entertainment Company) raised the jurisdiction of the case, and after the court of first instance (Beijing Intellectual Property Court) ruled out that it had applied for the jurisdiction objection that it proposed, He also appealed to the Beijing Higher People's Court. According to a civil ruling issued by the Beijing Higher People's Court on July 15, Shanghai Kuan Entertainment Company's appeal was rejected, and this ruling was ruled by the final trial, which means that the lawsuit related to the copyright of sports events will still be in the sports event. Beijing Intellectual Property Court trial.

Relevant persons in the CBA company said that the authorization system for the broadcast of the event is the core competitive order in the sports industry. It is the market order established after decades of games in the global sports industry. protection of. Bilibili website's unauthorized large-scale, large-scale, proactive and systematically spread to the public through an information network to spread the 2019-2020 season CBA competition program, which not only violates the CBA company's copyright of the CBA league programs, but also uses it. Illegal means destroyed the legitimate competition order and its commercial ethics in the broadcast market, and caused serious damage to the right to broadcast rights and its authorization in the field of broadcasting and its authorization. In order to maintain its own legitimate rights and orderly and orderly sports industry markets, CBA companies have made reasonable and legitimate measures.

The high claim amount has also attracted the attention of the outside world. Relevant sources of CBA companies said that CBA believes that the infringement of Bilibili website has very obvious subjective and maliciousness. Therefore, in accordance with the relevant provisions of the Copyright Law in 2021, the CBA Company advocated that the CBA company advocated two times the punitive compensation beyond the basic compensation amount. In addition, the CBA company also advocates that the defendant's unfair competition acts requests to compensate 170 million yuan, which is equal to the 2019-2020 season Migu, Tencent and Youku three CBA league new media cooperation platforms each one paid to the China Basketball Union Company to China Basketball Union Company fee. CBA believes that Bilibili website has a large number, scale, large proportion of the 2019-2020 season CBA league video, and has the characteristics of commercial infringement. The overall authorized position and competitive interests of the CBA events of the season. According to the statistics of CBA, before it filed a lawsuit, there were 166 games in the Bilibili website in the 2019-2020 season CBA league video and All-Star weekend and at least 416 events for the season.

By the time of the press release, the Bilibili website has not responded to the interview application proposed by Xinhua News Agency on this matter.

Wang Jun, chief partner of Tao'an Law Firm and Chairman of the Copyright Committee of the China Branch of the China Branch of the International Protection Intellectual Property Association (AIPPI), said that the content of the domestic judicial community for sports events and the scope of intellectual property protection have been controversial. However, in the case of the Phoenix Network on the Sina Super League version of the Phoenix.com, the Beijing High People's Court has clearly determined that the content and live broadcast of video programs and live broadcasts of sports events should be protected by intellectual property rights. Therefore, this case may not have much suspense in terms of "qualitative". The greater focus is whether the court will support the claim of the plaintiff's punitive compensation and the judgment of the compensation amount.

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