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| Five Model Cases of Act Preservation for Intellectual Property Disputes Published by the Supreme People's Court | | 最高人民法院发布5起知识产权纠纷行为保全典型案例 |
| (December 13, 2018) | | （2018年12月13日） |
| Table of Contents | | 目 录 |
| 1. Case of Prohibition on Providing the General Public with Photography Works of the Chinese Super League Games | | 1. 禁止向公众提供中超联赛摄影作品案 |
| 2. Case of Yang Jikang's Application for Ordering Cessation in Auction of Qian Zhongshu's Letter Manuscripts | | 2. 杨季康申请责令停止拍卖钱钟书书信手稿案 |
| 3. Case of Interim Act Preservation for Disputes over Infringement upon Trade Secrets between Eli Lilly and Company (US) et al. and Huang | | 3. 美国礼来公司等与黄某某侵害商业秘密纠纷诉中行为保全案 |
| 4. Case of Pre-trial Act Preservation for Infringement upon the Right to Communicate Works to Public over Information Networks by “NetEase Cloud Music” | | 4. “网易云音乐”侵害信息网络传播权诉前行为保全案 |
| 5. Case of Disputes over Liability for Damages Arising from Xu Zanyou's Application for Ceasing Patent Infringement | | 5. 许赞有因申请停止侵害专利权损害责任纠纷案 |
| I. Case of Prohibition on Providing the General Public with Photography Works of the Chinese Super League Games | | 一、禁止向公众提供中超联赛摄影作品案 |
The People's Court of Haidian District, Beijing Municiaplity held that: In this case, in light of the relevant clauses of the Cooperation Agreement on Official Photos of the Chinese Football Association Super League Games (2017-2019) signed by and between Shanghai ImagineChina Cultural Transmission Co., Ltd. (hereinafter referred to as “ImagineChina Company”) and the Chinese Football Association Super League (hereinafter referred to as the “Chinese Super League”) that were submitted by ImagineChina Company, the Letter of Confirmation issued by the Chinese Super League as well as Article 11 of the Notice, ImagineChina was the only commercial photo agency having the right to take photos at the venue of the Chinese Super League games (2018). Under the circumstances where Osports (Beijing) Cultural Media Co., Ltd. (hereinafter referred to as “Osports Company”) recognized that it displayed, offered downloads of, and conducted external sale of photography works of the first 11 rounds of the Chinese Super League games (2018) on www.osports.cn and in light of the facts that the judgment (No. 14964 [2017], First, Civil Division, 0108, Beijing) identified that the acts of Osports Company of displaying, offering downloads of, and conducting external sale of photography works of the Chinese Super League games (2017) violated the provisions of Article 2 of the Anti-Unfair Competition Law, although the judgment has not come into force, it was still highly possible that the acts of Osports Company may constitute unfair competition in the judgment of this case. Meanwhile, photography works of sports games have strong timeliness. The Chinese Super League is a football match attracting great concerns in the Chinese Mainland, there are still several rounds in 2018 that have not been played, and the photography works of the subsequent games may also attract great concerns at the market of photos of sports games. In order to prevent the further expansion of damages, it was urgent and necessary to order that Osports Company should immediately cease the continued provision of photography works of the Chinese Super League games (2018) to the relevant public. Accordingly, the People's Court of Haidian District should legally support ImagineChina Company's application for requiring Osports Company's immediate cessation in displaying, offering downloads of, and conducting external sale of photography works of the Chinese Super League games (2018) on www.osports.cn.
．．．．．． | | 北京市海淀区人民法院认为，本案中，结合上海映脉文化传播有限公司（简称映脉公司）提交的其与中超公司签订的《2017-2019中国足球协会超级联赛官方图片合作协议》相关条款、中超公司出具的《确认书》以及《通知》第十一条内容，映脉公司系唯一有权在2018年中超赛场位置拍摄摄影作品的商业图片机构。在体娱（北京）文化传媒股份有限公司（简称体娱公司）认可其在全体育网上展示、提供下载和对外销售2018年中超联赛前十一轮赛事摄影作品的情形下，结合（2017）京0108民初第14964号判决认定的体娱公司在全体育网上展示、提供下载和对外销售2017年中超联赛赛事摄影作品系违反反不正当竞争法第二条之行为等事实，尽管该判决尚未生效，但体娱公司在本案中将被判决认定构成不正当竞争的可能性仍较大。同时，体育赛事摄影作品具有时效强的特点，加之中超联赛系中国大陆地区受关注较高的足球赛事，2018年赛季仍有多轮比赛尚未进行，之后的赛事摄影作品也会得到体育赛事图片市场的较高关注，为防止损害的进一步扩大，责令体娱公司立即停止在全体育网中继续向相关公众提供2018年中超联赛赛事摄影作品，具有紧迫性和必要性。据此，法院对映脉公司提出的要求体娱公司立即停止在全体育网上展示、提供下载和对外销售2018年中超联赛赛事摄影作品的申请，依法予以支持。
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