Investigation | Yulin some businesses self-made “ice dun dun” sales, lawyers: constitute infringement

2022-06-10 0 By

“Bing Dwen Dwen” has quickly become the focus since its debut, its peripheral souvenirs sold out on many online sales platforms, there is a “a ‘dwen’ hard to find” phenomenon, and many businesses ride the mascot heat, launched a lot of “Bing Dwen Dwen” as the prototype of the product.As the Olympic franchise goods, homemade “ice dwen dwen” belongs to infringement, and where is the limit of infringement?On February 11, Huashang Daily – ersanli reporter on the netizen’s reflection, yulin city has part of the cake shop, gold shop to sell homemade “ice dun dun” carried out a visit.Launch “ice mound mound” cake shop price range from one hundred to two hundred yuan in yulin a cake shop, the reporter sees the store storage counter does not appear “ice mound mound” cake, but a staff member told reporters, if you need to “ice mound mound” cake can be booked, prices ranging from two hundred yuan to three hundred yuan, at the same time showed reporters a homemade “ice mound mound” image picture of cake.”The ‘Ice Cream’ cake is complicated to make and is difficult to handle with animal cream, so we don’t sell it.”According to a staff member of Tian Bakery in Gaoxin District, such cake technology is relatively complex, and it takes a lot of time to make an “ice dun dun” cake, which is usually sold by private customized shops.High zone Changxing Road damai Jia a staff told reporters, “Ice pier pier” cake is very popular, if you need to order in advance, at the same time to show reporters before the production of sales of “ice pier Pier” cake video.China Business Daily – Ersanli reporter noticed that in addition to cake shops launched “Bing Dwen Dwen” as the prototype of the product, many gold shops also rub the mascot heat.Old fengxiang staff told reporters, “ice dun dun” pendant now only accept reservations, and this goods is not the production of Lao Fengxiang without any sign.”Now Yulin does not have this spot, are bought from outside.”The staff said, “Ice dun dun” gold pendants are solid gold, quality aspects do not worry.Later, a staff member of China Gold gave the same argument.”The price varies according to the size of the pendant.”Lawyer: Making “Bing Dwen Dwen” pattern without permission and selling it constitutes infringement. Is it illegal to make “Bing Dwen dwen”?Zhao Liangshan, a senior partner at Shaanxi Hengda Law Firm and a well-known public interest lawyer, said that common cases of infringement on the image of Bing Dwen Dwen include selling bing Dwen dwen without permission from the copyright owner;Without the permission of the copyright owner, the image of “Bing Dwen Dwen” is used in shop signs, commodity packaging, etc.;Without the permission of the copyright owner, the image of “Bing Dwen Dwen” is made into emoticons for dissemination, which infringes the right of network information dissemination in copyright.”According to Article 22 of the Copyright Law, if the image of Bing Dwen Dwen is only used for personal study, research or appreciation, it does not constitute infringement.”Zhao liangshan said that in this case, if the cake shop and gold shop made and sold the “Bing Dwen Dwen” pattern without the permission of the copyright owner, it would constitute infringement.At the same time, according to the Provisions of the Copyright Law, the perpetrator of copyright infringement will bear civil liabilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for the loss.If the public interests are harmed, the copyright administration department may order the infringing act to stop, confiscate the illegal gains, confiscate and destroy the infringing copies, and impose a fine of not more than three times the amount of illegal business operations;Where the amount of illegal business operations is difficult to calculate, a fine of not more than 100,000 yuan may be imposed;If the circumstances are serious, the copyright administration department may also confiscate the materials, tools and equipment mainly used for the production of infringing copies;If the case constitutes a crime, criminal responsibility shall be investigated according to law.Huashang Daily reporter Yang Huyuan editor Zhang Han