Wang Jing & GH Law Firm, acting as the agent in a "plagiarized game scene map copyright infringement case", won an award and was selected as an excellent case.
Recently, the case of copyright infringement and improper dispute of an Internet product represented by the legal team of the Internet and High-Tech Department led by Mr. Yang was awarded as one of the "2019 Ling-nan Intellectual Property Litigation Excellent Cases" (2019年度岭南知识产权诉讼优秀案例). This is also the second year that a case represented by Mr. Yang’s lawyer team has been awarded the "Annual Ling-nan Intellectual Property Litigation Outstanding Case"(年度岭南知识产权诉讼优秀案例).
Case Brief:
This case involves the copying of game scene maps. Shortly after the launch of its mobile game《*尊》, a Shenzhen company discovered that another web game《**桃花》 had copied the scene map of its game. After accepting the entrustment of the case, Mr. Yang's lawyer team brought the game publisher, a certain network technology company based in Shanghai, and its operator to court on behalf of the plaintiff, requesting the cessation of infringement and compensation for losses.
In the first instance of the case, the plaintiff, a certain company in Shenzhen, won the case. The network technology company based in Shanghai and its operator constituted infringement, and the infringement should be stopped and the economic loss compensated.
The defendant filed an appeal against the judgment. After the court hearing, the two sides reconciled and the defendant agreed to fulfill all the judgments of the first instance.
Difficulties and key points of agency work
As the attorney for this case, Mr. Yang’s lawyer team provided a full range of legal services, including:
- Since the plaintiff's game has changed its name, and the renamed game was published later than the infringing game, the acting lawyer notarized the content consistency and relevant operation agreement of the two games to prove that they only have different names and the actual content is the same.
- According to the record information and recharge information of the game, lock the publisher and operation subject of the case, and determine the identity of the defendant.
- The proof and comparison of infringements is the core focus of the dispute in this case. In this case, the agent showed the infringement information to the judge in a more intuitive way, facilitating the comparison. The visual collation and display of the infringing materials were more conducive to the judge's understanding and confirmation of the infringement facts.
- Provide the basis for compensation for losses. How to calculate the amount of compensation is often a difficult problem in such cases. In this case, the agent proved that the plaintiff's game had been a great success with a large income and high popularity from the opening service of the plaintiff's product's official website and the operation audit report of the product.
Typical Significance
This case is a typical infringement case in the game field. The game involved has a certain market popularity, and the infringing game has caused huge economic losses to the plaintiff. In this case, based on the actual situation of the case, the lawyer team presented the plaintiff's views to the judge in a visual way, including the original basis of rights, the comparison of tort facts, the compensation amount basis, etc., which relevantly contributed for the judge to understand the facts of the case. Through the efforts of the lawyer team, not only the plaintiff’s legitimate rights and interests were protected, and the economic losses recovered, but there was also a very positive effect in the order of fair competition in the game industry.
