Resources
Apr 22,2020
Express n° 8 News: IP | Guangdong High Court released Guidelines on Online Game IP Disputes (Trial)
Total word count:1172
On April 13, 2020, the Guangdong High Court released the “Guidelines on the Hearing of Intellectual Property Civil Disputes Involving Online Game (Trial)” (The Guidelines). Though only binding on courts within Guangdong Province, it is the first of its kind in China, reflecting the latest judicial practice in this area, and addressing manifold matters including injunctions, determination of infringement and damages for online game disputes.
It is worth noting that some of the provisions provide strengthened protection to right holders:
- As long as the online game rights that fall victim to infringement are valid and stable, and the alleged infringements are persistent, the two prerequisites warranting an injunction are deemed to be met: "urgent situation" and "having suffered irreparable damage";
- Consecutive animated images of online games that meet certain requirements can be regarded as works created in a similar way to filmmaking, thus enjoy copyright protection;
- Live or recording transmission of online games without authorization may constitute unfair competition;
- A preliminary judgment (injunction) can be made on whether infringement could be established. The time-consuming calculation of damages may follow subsequently; and
- Punitive damages is, for the first time, introduced in copyright infringement disputes.
Contributed by: Zhigang Zhu