Cartoons from an audience favorite since the start of the bear, which animated character "bear" and "bear II" also enjoy high visibility. A few days ago, according to the "bear" image of a plush toy led to a copyright dispute. Yesterday afternoon, the municipal higher people's Court of second instance hearing the case.
Claims in a trading company in Shenzhen in the first instance, an animation company from Shenzhen produced the animated film of the bears, aired on CCTV children's channel from January 2012. In April 2012, the cartoon image of the bear, the animation company authorized to its use, mandate is the County exclusive (exclusive) use the above image production and sale of plush toys. Trading after the company discovered that Tianjin ninghe trading company without their permission, unauthorized sales of "bear" plush toys of the animated image art goods, violating its copyrights company's exclusive use. To safeguard the legitimate rights and interests of the company to court, require such ninghe, a trading company to stop selling the plush toys merchandise, and compensate the economic loss and reasonable expenses included 30,000 yuan.
Original telling, and defendant ninghe a trading company, the plaintiff is not involved in "bear" artwork copyright rights, and does not have the status of the proceeding. In connection with the plush toy is the subject of, provisions of the copyright law of China does not include the right to copy into plush toys, plush material. Defendants in purchase, sale v merchandise do not know the goods complained against copyright and purchases from regular channels of the accused, can explain the source of goods, therefore claiming exemption.