Recent reports from China Intellectual Property News highlight an enlightening case that demonstrates how prompt copyright registration can help combat malicious litigation and protect rights holders.
Case Overview:
The case involved Plaintiff Gao, who accused a Shenzhen technology company of infringing his copyright by using his artwork on products sold online without permission. Gao filed suit in Shenzhen Longhua District People's Court, claiming infringement of his right to integrity, modification, reproduction, distribution, and online communication. He submitted a copyright registration certificate indicating himself as the rights holder, with the work completed in December 2011 and the registration filed in April 2024.
Court's Findings:
During proceedings, the court raised doubts about Gao's claim of ownership. Despite the registration, Gao failed to provide original drafts or creation records. Moreover, a preliminary internet search revealed the exact artwork was publicly available as early as 2009, contradicting his assertion of a 2011 creation date. The registration date in 2024, more than a decade after the alleged creation, and Gao's young age of 14 at that time, further fueled suspicion.
Gao initially claimed he created the work in 2011. Later, he changed his story, asserting the work was created in 2009 or even 2008, reflecting inconsistent statements. He also claimed to have used a print shop to process drafts, but the images provided likely contained third-party or previously published material, making it impossible to prove original authorship. When ordered to produce a live drawing, Gao's drawing showed significant differences from the contested artwork, undermining his ownership claim.
Legal Outcome:
Under the weight of insufficient evidence, Gao attempted to withdraw his case. The court, prioritizing social interests and third-party rights, refused. Ultimately, the court dismissed Gao's claim, citing lack of credible proof of ownership. Gao appealed, but the Shenzhen Intermediate Court upheld the original ruling.
Lessons for IP Practitioners and Rights Holders:
This case illustrates how malicious actors exploit the copyright registration process, submitting false claims to obtain registration certificates, then using them to pursue baseless legal actions. To prevent such abuse:
- Register Early: Rights holders should secure registration promptly upon completing their work to establish clear ownership.
- Maintain Evidence: Keeping drafts, sketches, and timestamps strengthens proof of originality.
- Verify Claim Authenticity: Courts are increasingly scrutinizing registration details against actual creation timelines, emphasizing the importance of documentation. Meanwhile, to deter registration with bad faith, the Copyright Protection Center of China (CPCC) has integrated AI-driven similarity checks into its registration review process. This system helps prevent duplicate or fraudulent registrations, protecting legitimate creators and reducing false litigation risks.
Conclusion
This case emphasizes the importance of timely registration and thorough documentation for rights holders. Properly registering works not only facilitates enforcement but also serves as a safeguard against wrongful claims. Specifically, for artwork right holders, it is advisable to maintain detailed records of the creation process, including drafts, timestamps, and communication trails related to the work, and proactively utilize technological tools (such as time-stamping services) to pre-empt potential abuse of copyright claims. In summary, sustained vigilance, prompt registration of copyrights, and the preservation of robust evidentiary materials are indispensable measures to safeguard the legitimacy of copyright rights and effectively counteract malicious litigation tactics.
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