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Quan Jiamei sued 27 peers to call on the industry to "unite"

Quan Jiamei sued 27 peers to call on the industry to "unite"

on May 20, 2014, the flatness of the slope was damaged and the surface roughness fell seriously

[China paint information] on April 10, the press conference of the first case of copyright dispute in diatom mud industry was held in Jiaozhou, Shandong Province Since August 2012, Qingdao quanjiamei diatom mud company sued 27 peers in Qingdao Intermediate Court on suspicion of infringement, the dispute that lasted for nearly two years has made new progress

it is learned from the press conference that the national copyright administration has revoked the copyright registration owned by Quan Jiamei. Including two production lines, at the same time, Quan Jiamei also changed the previous claim for compensation from 400000-1million to 50000 yuan

case context

as early as may 2012, Quan Jiamei registered the copyright of 27 diatom mud art drawings and obtained the copyright registration certificate. In August of the same year, Quan Jiamei took 27 colleagues to court on the grounds that the 27 diatom mud art drawings with the copyright of art patterns owned by the company were "infringed" by 27 diatom mud production and sales enterprises in the industry, requiring these enterprises to stop infringement and compensate for their losses of about tens of millions of yuan

for the 27 diatom mud patterns copyrighted by Quan Jiamei, the 27 enterprises involved believed that the 27 patterns had been widely used in the diatom mud, wallpaper, ceramic tiles and other building materials industries before Quan Jiamei owned the copyright, and were "public resources" in the building decoration industry

in addition, the 27 enterprises involved in the case believed that "Quan Jiamei's taking these designs as its own private property and taking this action to protect rights against peer enterprises is unfair competition". Therefore, six of the 27 enterprises jointly sued Quan Jiamei for "unfair competition"

for this reason, various disputes over copyright have arisen one after another, which has lasted for nearly two years now

latest progress

it was learned that after the dispute occurred, the ecological environment building materials branch of China Building Materials Association organized 27 enterprises involved to actively respond to the lawsuit. At the press conference held on the 10th, Liu Jianhua, a lawyer from Beijing Jiahao law firm, the lawyer representing the defendant enterprises, learned the latest progress of the dispute

on December 3, 2013, Shandong Higher People's court made (2013) mszz No. 208 judgment. The judgment held that "the 27 art patterns involved in the case are either the reproduction of objective facts, or 10. Deformation measurement accuracy displacement accuracy: ± 0.5% is a simple arrangement of straight lines, or a simple listing of irregular lines. Therefore, it is determined that the 27 patterns do not constitute works in the copyright law and are not protected by the copyright law"

based on the judgment made by Shandong high court, on March 5, 2014, the National Copyright Administration officially revoked the copyright registration of 27 patterns previously owned by Quan Jiamei, and issued a formal notice of revocation

on April 8, 2014, the Qingdao intermediate court held a centralized hearing, and Quan Jiamei changed the previous claim for compensation from 400000-1million to 50000 yuan

as of the date of publication, the dispute between Quan Jiamei and 27 peers is still continuing

call on the industry to "unite"

the data shows that diatom mud has started only a few years since it plays an important role in the packaging field in China. At present, there are about 300 production and sales enterprises in the country, with about hundreds of thousands of employees. As a new decorative material, diatom mud is mainly composed of inorganic gel, which has the functions of adjusting indoor humidity, adsorbing harmful gases, antibacterial and mildew proof

an unnamed practitioner told that compared with wallpapers, coatings and other wall materials widely accepted by consumers, diatom mud is still in a stage that is not well known to the public. "At this stage, industry practitioners should unite, work together to develop and innovate, and expand the industry. Not 'infighting'."

the person also pointed out that this dispute, which lasted for two years, on the one hand, was due to the imperfect laws and regulations of the industry, and on the other hand, the overall quality of industry practitioners was not high

in this regard, the ecological environment building materials branch of China Building Materials Association said that the association was actively preparing for the introduction of industry standards. At the same time, the association also called on diatom mud enterprises to maintain fair competition and unite to make the industry bigger and stronger