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    Counterfeiting of well-known book design was sentenced to constitute unfair competition

    Release Time:2018-03-01

    Recently, Haidian District People's Court made a verdict against the plaintiff Economic Science Publishing House (hereinafter referred to as Jingke She) v. The defendant Beijing Institute of Technology Press Limited Liability Company (hereinafter referred to as Bei Li Gong Publishing House) and other unfair competition disputes, judgments North Polytechnic Press has stopped publishing and publishing books on the back cover of the book, which are similar to those printed on the back cover of the books published by the Societies, to eliminate unfair competition and compensate for economic losses and reasonable expenses.
     
    The agency claimed that since its publication in May 2014, three books, "Financial Regulations and Accounting Professional Ethics", were published and published. It was found that the three cover book covers of the same name published by Northern Polytechnic Press used It is extremely improper to compete for the counterfeiting of packaging and decoration unique to the well-known goods of the science and technology department. Therefore, it requested the court to order Beijing Polytechnic Press to stop the infringement and eliminate the influence , And compensation for economic losses and reasonable costs.
     
    North Polytechnic Publications argues that the back cover of a book published by it is not similar to the back cover of a cover of a science book.
     
    Court hearing that the teaching materials can be identified as well-known commodities; book cover style features a distinctive cover, distinctive style, with the function of different sources of goods, the well-known goods constitute the unique decoration, the book cover the indications on the overall visual effects and Very similar. When BeiLong Publishing Company published later books of its kind, it should have the obligation of reasonable avoidance, but it used the back cover of the cover which is very similar to that of the counseling materials of the society. It obviously has the subjective intention of free riding and has behaved Constitute the unfair competition to the society.
     
    After the verdict of the case, North Polytechnic Press refused to accept the verdict of the first instance and filed an appeal. At present, the case is being appealed.
     
    Comments
     
    Due to the high resemblance of book cover back cover caused unfair competition disputes, rare in judicial practice. When the plaintiff based on China's pre-modified anti-unfair competition law, Article II, Article 5, that is, the defendant's existence of counterfeiting as a reason to advocate unfair competition, the court will focus on the following aspects of the analysis: First, based on the evidence provided by the plaintiff Determine whether the goods have a certain popularity, whether it has a certain visibility, that is, to determine whether the well-known goods; secondly determine the well-known goods and decorating by the plaintiff originality, the overall style of the cover design, picture graphics, book name and location Whether it is different from other similar products or not, and achieves the function of stabilizing the relationship between the books and the plaintiff. Finally, it judges whether the accused products are similar to the plaintiff's products in terms of overall style and design arrangement, which is enough to lead to confusion among consumers.
     
    In order to avoid similar disputes, publishers should create their own unique and highly recognizable cover designs.

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