Wednesday, July 21, 2010

One after another anti-piracy noise compensation 780 000 Shenzhen Haojia reconciliation



In the "Outline of National Intellectual Property Strategy" released a year after the fight piracy once again become a hot topic recently, from Adobe (Adobe), Olten (Altium, also known as Mu-Ling-day company) and Microsoft jointly prosecute the three major software companies Jia Hao Electronics (Shenzhen) Co., Ltd (Taiwan-funded enterprises) infringement of intellectual property in Shenzhen Baoan District People's Court to be concluded by the mediation, electronic compensation to 780,000 yuan Jia Hao and three software vendors reconciliation and promised to respect the rights of future people intellectual property rights. Since July of this year, drew more than anti-piracy software company won a lawsuit.

Since last June 5, "National Intellectual Property Strategy Outline," the official promulgation of local governments to implement intellectual property strategies into the assessment targets, the central enterprises have established a sound qualitative and quantitative evaluation system of intellectual property. With the great efforts of local governments led transformation from manufacturing to software services, protection of intellectual property has changed from "passive" to "spontaneous" in many local governments out of the investment conditions, will be the "protection of intellectual property," put in the first place.

Soft enterprises winning the final two years of Rights

In June 2007 and August, the Shenzhen Municipal Intellectual Property Bureau under Adobe, Olten, Microsoft and other rights complaints, two of the best electronic high, it was discovered Haojia pirated computer premises to install and use the multi- sets of the company's software products.

January 25, 2008, the Shenzhen Municipal Intellectual Property Office of piracy on the high good to administrative penalties, ordered to remove the unauthorized copying Haojia software, impose a fine of 100,000 yuan. November 26, 2008, Microsoft, Adobe, Baoan District Court House to the good company of infringement lawsuit. February 20, 2009, Austria joined activist Teng team. During this period, according to rights holders to apply, Baoan District Court involved the Microsoft W indow s O ffice software and software to take the evidence conservation measures. Best companies in the sample of Ho's 15 computers, were found installed software and Microsoft W indow s O ffice software. Meanwhile, the high recognition of its 200 best companies have installed computer Microsoft W indow s software, and 60% to 70% of all installed computer software, Microsoft O ffice. Howard failed to provide most of the aforementioned good use of Microsoft software lawful authority supporting information.

This year on April 27, Bao'an District, Shenzhen People's Court, Microsoft, Adobe, Olten v. Haojia case. After court, Howard said good willing to take the appropriate tort liability, the three agents of the plaintiff law firm on behalf of GFE and luxury good plaintiff attorney to negotiate.

Recently, the reporter learned from the Baoan Court and Microsoft, under the auspices of the court in Bao'an, three software giants have reached a settlement with Haojia: Haojia remove pirated software, payment of compensation to rights holders 780 thousand yuan, and promised to respect the rights of future the intellectual property.

Ye Jian Hang Yick law firm lawyers talking about the case said, "In the present case, the Shenzhen Baoan District Court to safeguard the legitimate rights and interests of the right to do positive, a lot of work. V. preservation of evidence in the application of effective in promoting case hearing process, for future similar software intellectual property case to a positive reference, was encouraged by the right people. "

The internal driving force of international pressure to become

"Hao good case" to win, but the recent example of the success of many anti-piracy.

Protection of intellectual property originated international pressure and foreign relations, but mature in China's own intellectual property rights protection, establishing credit needs of the community.

Since the financial crisis last year, including local governments, including Shenzhen, regard the development of software and services as the future regional development of the new growth point, but to develop the software services industry, we must first off "intellectual property" is off.

October 2008, Qingdao, Shandong Province Higher People's Court on the United States Transportation Equipment Co haute unauthorized use of a number of software companies illegally installed computer software to make the final verdict of the case, haute U.S. company to Microsoft, Parametric Technology, and A utodesk 3 Software according to total 110 million yuan RMB for compensation case, becoming the end-users in China using pirated software copyright infringement cases involving foreign highest amount of compensation cases.

Recently, the Shanghai Information Industry Co., Ltd. Asia litigation with Microsoft, is also cause for concern.

Ultimately, Daya information to Microsoft to pay compensation 300 000, Daya Information and its affiliates to buy the total amount of not less than 40 million licensed Microsoft software products. As the largest sub-information is listed subsidiary of a large Asian technology shares, the information in that Daya was indicted for violating Microsoft's copyright after the Jiangsu Bureau of China Securities Regulatory Commission, Shenzhen Stock Exchange listed companies according to relevant regulations, supervision and Daya Technology has carried out three times in the relevant media information disclosure.

The case became the first listed company to use pirated software because of its joint venture companies for information disclosure by litigation cases, the use of pirated software to other companies or joint stock company and its holding alarm, the use of pirated software so that enterprises are facing not only the information risk, "good faith" loss of reputation and caused economic loss is incalculable.

High Court issued a document even behind the anti-piracy

In addition to government policy support, deeply concerned about the foreign media in China intellectual property rights legislation and judicial process, China has become the rule of law reflects the process window.

This year in April, the Supreme Court issued a "Supreme People's Court under the current economic situation on the trial of intellectual property services to a number of issues which the overall situation", which clearly stipulates that in the current economic situation, "can only strengthen and enhance intellectual property protection, can not weaken and relax "in intellectual property litigation would" enhance the compensation for damages, punitive and deterrent effect, reducing the cost defenders, tort costs increase. "

The financial crisis erupted last year, so many companies hit China, many enterprises, particularly SMEs, in order to save costs, reduce spending, stop buying legitimate software, but also cut down the original existing business to buy genuine software budget, and even some companies started pirated software. The outcome of years of efforts to promote genuine, there is risk of backsliding.

In response, the State Copyright Bureau, said Yan Xiaohong, many times, despite the financial crisis, but the needs of the community order, or to comply with rules of the game, intellectual property protection is not affected. "A software R & D efforts often require hundreds, if R & D came out, after selling only eight dollars was pirated, will greatly dampen enthusiasm for innovation."







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