| Matsushita Susumu of Japan Charges
Jielong Foodstuff Co., Ltd. of Shanghai with Infringement
upon Its Copyright
The plaintiff Mr. Matsushita Susumu, Chairman of the
Board of Directors of Matsushita Susumu Co. of Japan
completed, in April 1989, the cartoon animal image in his
artistic work entitled "a Little in Love", the
copyright of which is owned by Matsushita Susumu. The
cartoon animal image printed on the package of "901
Kuailewang Soft Sweets" manufactured by the Shanghai
Jielong Foodstuff Co., Ltd. is identical with the cartoon
animal image of the artistic work entitled "a Little
in Love" in which the plaintiff enjoys the
copyright. In 1997, after discovering that the cartoon
animal image of the plaintiff's artistic work "a
Little in Love" was printed on the package of the
products manufactured by the defendant, the plaintiff
Matsushita Susumu Corporation of Japan immediately raised
its opposition and sent a warning in writing to the
defendant. On 3 November 1997, the defendant wrote to the
plaintiff, informing that it would stop printing the
package of "the Kuailewang Soft Sweets" on the
very day of receiving the warning and recollect the soft
sweets in this package from the market, and making an
apology to the plaintiff.
Upon hearing the case, No. 1 Intermediate People's Court
of Shanghai Municipality determined that the plaintiff
Matsushita Susumu Co., of Japan is the copyright owner of
the artistic work "a Little in Love". Although
the work was published in Japan, since Japan and China
both are member states of the Berne Convention for the
Protection of Literary and Artistic Works, according to
the principle of "national treatment" under
this international convention and the related provisions
of the Copyright Law of the People's Republic of China,
the copyright enjoyed by the plaintiff in the work it has
created should be under the legal protection in China.
The defendant has infringed the exploitation right of the
plaintiff's copyright by reproducing, without
authorization of the plaintiff, the artistic work "a
Little in Love", the copyright which the plaintiff
enjoys, on the package of the goods it manufactured;
hence, it should bear the corresponding legal liabilities
according to law. The Court, on 25 June 1998, ruled that:
1. the defendant Shanghai Jielong Foodstuff Co., Ltd.
stop its infringement on the copyright in the cartoon
animal image of the artistic work "A Little in
Love" of the plaintiff Matsuhsita Susumu Co. of
Japan and destroy all the remaining packages of
"the 901 Kuailewang Soft Sweets" which bear the
cartoon animal image of the artistic work within ten days
starting from the effective date of the judgment; 2. the
defendant Shanghai Jielong Foodstuff Co., Ltd. make
"an Statement of Apology" in the Xinmin Evening
News within a month starting from the effective date of
the judgment; and 3. the defendant Shanghai Jielong
Foodstuff Co., Ltd. compensate the plaintiff Matsuhsita
Susumu Co. of Japan RMB 170,000 yuan for its economic
losses. The judgment should be fully executed within ten
days from the date on which it enters into effect.
Dissatisfied, the defendant Shanghai Jielong Foodstuff
Co., Ltd. appealed to the Higher People's Court of
Shanghai Municipality. Through mediation by the Higher
People's Court of Shanghai Municipality, on 24 August
1998, both parties voluntarily reached an agreement that:
1. the appellant the Shanghai Jielong Foodstuff Co., Ltd.
shall compensate, to Matsuhsita Susumu of Japan, RMB
200,000 yuan for its economic losses and the compensation
shall be fully made within ten days starting from the
date on which the Mediation Paper becomes effective; and
2. Matsuhsita Susumu Co. of Japan agrees that the
appellant uses the remaining 119,600 packages of
"the 901 Kuailewang Soft Sweets" which bear the
cartoon animal image of "A Little in Love", on
condition that an indication of the plaintiff's copyright
be put on the packages.
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