DeBund | How Did the Most Powerful “Right to Protect the Integrity of a Work” Come into Existence - Comments on the Second Trial Court’s Decision of the Chronicles of the Ghostly Tribe Case

Ni Tinggang2019-09-26 17:43:33
The Beijing Intellectual Property Court finally decided the case brought by Zhang Muye (pen name: Tianxia Bachang) against the Chronicles of the Ghostly Tribe for infringement of the right to protect the integrity of a work. The second trial court reversed the first trial court’s decision and found that the defendants including the China Movie Co. Ltd. by Shares infringed the Zhang Muye’s right to protect the integrity of a work. The Chronicles of the Ghostly Tribe had been widely criticized for its sacrificing IP contents for its popularity. Good news for people who are agonized over so-called popularity while even distorting the IP. I feel the case involves a lot of copyright related issues that need discussing after reading the second trial court’s judgment.
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There is a widespread distrust in high tech companies around the world since the scandal of the Cambridge Analytic information of Bookface broke out. A user agreement of ZAO, a Chinese-made app for changing human face images in videos became a hot issue on the internet the other day because it provided that no person can use the app without giving the right to use their face images permanently. Many people thought that the app developer Changsha SHEER Network Technology Inc. (“ZAO Company”) infringed the user’s portrait right and privacy.
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On 3 April 2019 the Jiangsu High People’s Court delivered the (2019) S.M.Z.No.62 judgement to close the “YF Shares Case” which had lasted for a long time, accepting that the repurchase clauses agreed by the investor and the targeted company were valid. Another issue arose from the second trial of the “YF Shares Case”. What are limitations on protection of the interests of the targeted company’s creditors arising from execution and performance of an investment agreement containing VAM clauses, or what are the targeted company’s responsibilities that should be included in VAM clauses in order to avoid affecting the creditors’ interests? Qiu Ruyu, senior partner and expert in capital markets and dealings analyzes and advises law makers on this issue from the perspective of announcement of VAM clauses.
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The Beijing Internet Court recently closed a case concerning the right to transmit information on the internet, deciding that the defendant Shenzhen Shushu Technology Co., Ltd. infringed the right to transmit proprietary information on the internet of the plaintiff Youku Network Technology (Beijing) Co., Ltd. by transmitting a series of pictures from the TV series Three Lives and Three Worlds Woven by Secrets by using the method of “explaining a movie with pictures”. The court’s decision is kind of being distinct for its deciding the infringing person and exclusion of reasonable use . However, the type of works in question and the plaintiff’s eligibility decided by the court are questionable and worth discussion. Lawyer Ni Tinggang who has long-time experience in providing Copyright Law related services comments on the court’s decision.
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An Analysis of Article 3 of the Legal Interpretation V of the Company Law
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Several Cases Represented by Our Lawyers Are Selected as Top Ten Classic Cases of the Year 2018 in China

The “Gesture Unlock patent right case” represented by our lawyers was selected by the website of as one of “top ten classic patent cases of the year 2018”. Another two cases represented by our lawyers including the case of a housemaid in Hangzhou committing arson and the parrot case in Shenzhen are among “top ten classic criminal cases of the year 2018” selected by editors of the People’s Court Daily.
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DeBund Company Law Team Represents an Investment Consultant to Win an Investment Consultant v. Private Fund Manager Securities Investment Consulting Case Decided by the Appeal Court

securities investment consulting case recently decided by the appeal court. Private fund managers have collected money from a wide range of people in society for securities investment by issuing contract funds since the Temporary Rules on Regulation and Administration of Private Funds took effect on August 21st, 2014.
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Lv Xuanxuan, People Supervisor and Lawyer of DeBund Law Offices is Publicly Praised by Shanghai Bureau of Justice

The people supervisor system is established by the people's procuratorate to improve the ability to administer law and handle criminal cases and ensure the procuratorate functions legally and properly, in which people supervisors chosen from the public supervise the work of the people’s procuratorate on criminal cases.
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About DeBund
DeBund is a partnership law firm mainly providing legal services concerning foreign affairs. It is also a patent agency, which structure has been granted by the State Intellectual Property Office.
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