knowledge of trademark transfer

Engineering design drawings can also cause intellectual property disputes, and the first Hilton stall in Hubei is in trouble!

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2121-13-19 11:31:52

The Hilton Wuhan Optics Valley is the first Hilton Hotel in Hubei Province, and it has a good service reputation in the industry. However, the engineering design of the hotel triggered an intellectual property dispute.

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The design unit of the hotel, East China Architectural Design and Research Institute Co., Ltd. (hereinafter referred to as East China Design Institute), sued Shanghai Dujian Construction Design Office Co., Ltd. (hereinafter referred to as Dujian Company) and former employee Ling Moumou for using their own copyrighted engineering design drawings without authorization. Recently, the Shanghai Intellectual Property Court made a final judgment on the case, and upheld the original judgment, that is, the drawings used by Dujia Company in the article "Dujia Design" in WeChat WeChat official account did not constitute an infringement of the copyright enjoyed by East China Design Institute on the design drawings of the project involved, but the series publicity of Dujia Company easily misled the public to regard Dujia Company as the design unit of the Hilton Wuhan Optics Valley project and to associate its design ability with the performance of the Hilton Wuhan Optics Valley Hotel. So as to improperly strengthen its competitiveness in market selection, such misleading propaganda behavior constitutes unfair competition, etc., and all the companies have to compensate East China Design Institute for economic losses, totaling 614,511 yuan.

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In fact, it is not uncommon for engineering design drawings copyright disputes caused by employees' resignation. In such cases, the parties often have a big dispute about whether the design involved is a legal person's work or a job's work. In this regard, Zhao Hu, a partner of Beijing Zhongwen Law Firm, said in an interview with China Intellectual Property News that it is more appropriate to classify it as a special job work because the designer plays a leading role in designing drawings.

causing disagreement on signature

East China Design Institute was established in 1993, and its business scope includes architectural engineering design, municipal engineering design and special design of landscape architecture engineering. Founded in 2114, Dushe Company's business scope covers architecture, planning and design, art design and enterprise marketing planning. Ling Moumou is a former employee of East China Design Institute. He joined in July 2114 and left in February 2112. After leaving the company, Ling signed a labor contract with Dushe Company on February 24, 2112, and the contract stipulated that Ling's position in the company was the chief architect.

In February, 2111, East China Design Institute, as the designer, signed a construction engineering design contract with the third party, Wuhan Eco-city Country Garden Investment Co., Ltd. (hereinafter referred to as Country Garden Company) for the Hilton Wuhan Optics Valley Hotel project, stipulating that Country Garden Company entrusted the designer to undertake the design of the hotel in Wuhan Eco-city Country Garden Convention Center and deliver the construction drawing design documents. Annex I to the Contract is the "List of Main Designers", in which the chief designer is Ling Moumou. Huadong Design Institute believes that Dujia Company used the engineering design drawings and architectural works of Huadong Design Institute in WeChat WeChat official account, official website and Ling Moumou in WeChat WeChat official account Materials Online, and did not specify the author identity of Huadong Design Institute while knowing that Huadong Design Institute was the project designer involved and enjoyed the right of authorship. In the article of WeChat WeChat official account, Ling Moumou, The defendant signed "Dujia Design" on the engineering design drawings and architectural works of East China Design Institute in the form of picture watermarking. The defendant's behavior was suspected of infringing the right of signature of East China Design Institute, and he should bear the legal responsibility of stopping the infringement, eliminating the influence and apologizing, so he appealed to the Yangpu District People's Court of Shanghai (hereinafter referred to as Yangpu Court).

In the first trial, there were differences between the original defendant and the defendant on whether East China Design Institute had the right to sign the engineering design drawings. East China Design Institute claims that the engineering design of Hilton Wuhan Optics Valley is a legal person's work, which enjoys complete copyright. The defendant thinks that the engineering design drawings are works of special duties, and the right of signature does not belong to East China Design Institute.

In this regard, Yangpu Court held through trial that, according to the second paragraph of Article 16 of the Copyright Law, engineering design drawings created mainly by using the material and technical conditions of legal persons or other organizations, for which the legal persons or other organizations are responsible, belong to works of special duties, and the author enjoys the right of authorship, while other rights of copyright are enjoyed by legal persons or other organizations. Based on this, the engineering design drawings involved in the case constitute works of special duties, and the author who made the drawings enjoys the right of signature, while East China Design Institute does not enjoy the right of signature, but all of them set up companies, which constitutes unfair competition.

After the judgment of the first instance, both East China Design Institute and Dushe Company refused to accept it and appealed. The Shanghai Intellectual Property Court made the above judgment after hearing and upheld the first-instance judgment.

define the type of work

then, in this kind of dispute, how to define whether the design drawing is a legal person's work or a job work?

"Engineering design drawings should be works of special duties." Zhao Hu said that according to the relevant provisions of the Copyright Law on legal person works and service works, the key to distinguish legal person works from service works is as follows: legal person works emphasize that legal person or non-legal person organizations preside over and represent their will, and legal persons play a decisive role in the direction and development of the works at this time, and the natural person who completes this will has no originality or low originality; The job works emphasize the creation of employees to complete their own tasks, and employees often have the final decision on the works at this time, and the process of creation more reflects the creator's own thoughts and will. From this point of view, for engineering design drawings, the design drawings ultimately reflect the designer's creative results, the designer's creative activities with his own professional knowledge and design concepts, and more reflect the designer's dominance of the works, rather than simply working according to the command of the unit.

in similar cases, although it is difficult for the parties to claim to protect their right of signature, are there other legal protection channels? In this regard, Zhao Hu believes that there are many similar disputes caused by personnel turnover. Therefore, in order to protect their intellectual property rights, enterprises should not only strengthen the monitoring of external infringement, but also strictly restrict the employees of the unit, such as signing a non-competition agreement and confidentiality agreement. In the event of similar work or the disclosure of business secrets of the unit, the relevant units can investigate the responsibility of the defaulter accordingly, so as to make good safeguards for the protection of relevant information in advance, and also make up for possible losses when infringement occurs.

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