The first case of infringement to China computer word stock has been settled

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.

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