With
the increasing development of software industry, the
protection of intellectual property has become the focus of
people’s attention, but before that there was no settled
conclusion for the question if computer word stock should be
protected by the law of copyright.
The other day, Beijing Municipal higher people's court
gave the final judgement to the case that Beijing Founder
Electronics Co., Ltd. (abbreviated as “Founder Electronics”
hereafter) accused Weifang Wenxing Technology and Development
Co.,Ltd. and Beijing Nanchen Electronics Technology Co.,Ltd.
of infringing the copyright of artistic works, and confirmed
that computer word stock should be protected by the law of
copyright and relevant legal regulations, and judged the
defendant Weifang Wenxing Technology and Development Co.,Ltd.
to immediately stop the infringment of copying and publishing
the software of “Wenxing 2000 word processing system
V
3.1”, and the defendant Beijing
Nanchen Electronics Technology Co., Ltd. to immediately stop
the infringement of releasing the software of “Wenxing 2000
word processing system V
3.1”, and the
defendant Weifang made a public aplogization and compensated
the economic loss of 300 thousand RMB Yuan.
On
the afternoon of August 25, the media seminar aiming at this
case was held in
Founder
Mansion
in Shangdi. The
secretary-general of China Software Union Zou Bian, the
representative lawers of this case Lun Yu, Jin Qi-zhi,
the Vice General
Manager of IT software and concurrently the director of
Founder Electronics Ren Wei-quan, the section chief of mould
product section of .tyhpesetting software produjct development
department and the printing art institutional department and
IT software institutional department, Zhang Jian-guo,etc.
presented this seminar.
Lawyer
Jin Qi-zhi firstly stated the case and the result of final
judgement. Beijing Municipal higher peoples’court found:
Founder Electronics had input a great amount of intellectual
work,
created and finished Founder Lanting V4.0 computer word stock,
and its intellectual result shoujld be protected by law.
According to the report that the court entrusts to be issued
by Copyright Evaluation
Committee
of China Copyright Protection Centre, in the 2 word stocks of
Founder Lanting, ie.the Zhenglan Ting V.4.0 and Wenxing
2000V3.1, the coordinates
of the corresponding point to the word in the 12 fonts as Bao
Song, Fang Song, etc in the GVBE are
the same or basically the same, the fonts
are coincident
or basically coincident.This conclusion explained that the 12
GBK word stock of WenXing 2000V3.1 from the defendant Wenxing
Company was not created and finished by themselves,but
obtained by simple modification of corresponding coordinate
data and directive program
in the corresponding word stock of Founder lanting V4.0, its
behavoir had constituted the infringment to the the accuser’s
copyright of artisitc work and the defendant should assume
corresponding legal responsibility. By now, The
first case of infringement to
China
computer word
stock has been settled, and the copyright of computer word
stock had finally got the protection of law.
The
Secretary-in General of China Software Union Zou Bian thought,
the protection of intellectual property has got the great
attention of the State Council, and relevant “National
intellectual property right strategy” policy will come out
next year, and it is equally important strategy with the
strategy of: “technological innovation, invagorating the
country by talents”. Founder has been always walking in the
front in the aspect of the intellectual property protection.
The victory of this case indeed has very important historic
significance.
The
director of Founder Electronics Ren Wai-quan mentioned in his
speech “To hit
the pirate version needs the united force of all the people in
the country”, hitting the pirate version has important
significance not only to the development of the enterprise
itself, but also has great benefit to the enterprise and
institutional units that use the pirate software. To hit the
pirate version and protect intellectual property is benefitial
to the establishment and guarantee the normal operation of the
market that is related to intellectual economy, this is also
the necessary environment for
China
’s new economy
to retain domestic and foreign investment and intellectual
talents. Hitting the pirate version and infringment has
important significance in purging the software market hence
maintaining the normal economic order of socialism market
economy.
Later
afterwards, the section chief of mould section of typesetting
software product development department of the printing art
institutional department and IT software institutional
department made a detailed introduction of the hero of this
case “Founder Lanting word stock”. This word stock had
obtained the Computer Software Copyright Registration
Certificate issued by the State Copyright Bureau on September
3,2002, and it is a GBK word stock software containing many
TrueType format. The font in this word stock is the digital
expressing form of the font that is created and finished
independently by Founder Electronics, and is the artistic
works of graphic arts composed of lines and has
aesthetic
significance, and belongs to the work of art stipulated in the
law of copyright in our country and is protected by the law of
copyright in our country.
After
the seminar, the jounalist of the media visited the department
making the Fonder Lanting word stock-- mould department with
great interest, and expressed their sigh and admiration to the
complication and hardship of the making process and the
professional dedication of the developing
people.
The
successful holding of this seminar has a positive significance
in spreading the idea of protecting intellectual property, and
helping the domestic software industry to set the belief of
hitting the pirate version. To see from the development
milestone of software industry,only the society creates a
reasonable environment for participating in the normal market
competition, and the software enterprises enter into a good
circulation,
China
’s software
enterprises can develop and become larger. Founder Electronics
hopes that the colleague of the software industry can hold
together to hit the pirate version and safeguard the
intellectual property, and take a share of responsibility for
great-leap-forward
development
of
China
software.