(Guangzhou Comprehensive News) Jin Yong, the late martial arts novel writer in Hong Kong, sued in the second instance of the second instance of the "Tournament Case" of the "Tournament" of Mainland Chinese writers Jiang Nan.Jiangnan's invasion and improper competition were established, and they were required to compensate 1.88 million yuan (RMB, the same below, about S $ 360,000).
Comprehensive Public Press Beijing Youth Daily reported that Cha Liangzheng (pen name: Jin Yong) found the name of the characters in the novel in the novel in 2015 that the mainland author Yang Zhi (pseudonym Jiangnan) all came from his shooting carved hero.Eight works of Swordsman, the four works of the Condor Heroes, and the relationship between the characters, the characteristics of personality, and the storyline of the story.
The teenagers here were first published in 2002. The title of the book was "the university career of the heroes of the carving". The knight Guo Jing and Huang Rong in Jin Yong both became college students of "Jingjing University" and fell in love on campus.
In 2016, Jin Yong explained Jiangnan and related publishing companies to the court in 2016, demanding that "immediately stop invading the plaintiff's copyright and improper competition, stop copying, publishing novels here, sealed and destroyed inventory books."Jin Yong also has to claim 5 million yuan in economic losses to Jiangnan, and the reasonable cost of rational for rights protection is 200,000 yuan.
The court of first instance in August 2018 has a competitive relationship with Jin Yong in the field of publishing and planning and distribution, violating the mainland's anti -unfair competition law.However, the court believes that the book did not build the plot on the work of Jin Yong's works, and did not infringe the right to adaptation, signature, and complete rights to protect the work.The court sentenced Yang Zhi to compensate Jin Yong's economic loss 1.68 million yuan, and a rational expenditure of 200,000 yuan to stop infringement.
Jin Yong, Jiangnan, and Beijing Cultural Bowei, who are responsible for publishing and publishing and publishing, were dissatisfied with the sentence and appealed to the Guangzhou Intellectual Property Court.Jin Yong died during the second instance. His widow Lin Leyi was his executor and participated in a lawsuit as an appellant.
The court's second instance recently ruled that the teenager here is similar to that of Jin Yong's works in the storyline expression, but in the novel, Guo Jing, Huang Rong, Qiao Feng, Linghu Chong, etc.Whether it is name, personality characteristics, character relationships, and background, Jin Yong's choice and arrangements can be identified as a structure that has been fully described, enough to form a strong logical connection in the internal element, which belongs to the "expression" of the protection of copyright and law.Essence
The court ruled that based on the similarities between novels, the behavior of Jiangnan had plagiarism and plagiarism, which infringed the copyright of the works involved.Jiangnan must immediately stop improper competition, and the reporting statement to eliminate the impact, compensation for economic losses of 1.68 million yuan and a reasonable expenditure for stopping infringement 200,000 yuan.Relevant publishing companies also bear the liability for compensation for 330,000 yuan.
In addition, if the court also clarifies that the young man here needs to be reprinted, it should pay the economic compensation at 30%of the renewal tax income.
