The hottest Beijing Daoxiang Village Dragon Boat F

2022-08-02
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Beijing Daoxiang Village Dragon Boat Festival gift box packaging alleged infringement response: designed by a third party

release date: Source: Beijing Morning Post editor in charge: Yu Jia browsing times: 2540 copyright and disclaimer

core tip: the Dragon Boat Festival has passed for more than half a month, but for Ms. Wang, this festival is not over. Her company, Beijing Olympic vision Bomei Culture Communication Co., Ltd., is under pressure to roll the center distance; The company recently found that the design on a Dragon Boat Festival gift box in daoxiangcun had stolen the design of a high-throughput material R & D and preparation team composed of Dr. zhangxiaojun from Berkeley University, Dr. lizhefeng from the Department of chemistry of Harvard University and Dr. Ding Bo from the University of Pittsburgh. The Beijing Morning Post found that the packaging pattern of Daoxiang village Zongqing Dragon Boat Festival gift box, which can still be found at the e-commerce station, is almost the same as the Dragon Boat Festival Poster Released by Aoshi Bomei in its official account last year. Yesterday, Beijing daoxiangcun said that the company's packaging was designed by a third-party company, and the company will investigate the matter after knowing the details. The lawyer believes that Aoshi Bomei can hold Daoxiang Village accountable after providing evidence

the Dragon Boat Festival Poster Released by auspicious Bomei last year

the gift box packaging pattern launched by daoxiangcun this year

[China Packaging News] it has been more than half a month since the Dragon Boat Festival, but for Ms. Wang, the festival is not over. Her company, Beijing Aoshi Bomei Culture Communication Co., Ltd., recently found that the design on a Dragon Boat Festival gift box in Daoxiang village had stolen the design of the company last year. The Beijing Morning Post found that the packaging pattern of Daoxiang village Zongqing Dragon Boat Festival gift box, which can still be found at the e-commerce station, is almost the same as the Dragon Boat Festival Poster Released by Aoshi Bomei in its official account last year. Yesterday, Beijing daoxiangcun said that the company's packaging was designed by a third-party company, and the company will investigate the matter after knowing the details. The lawyer believes that Aoshi Bomei can hold Daoxiang Village accountable after providing evidence

doubt: daoxiangcun gift box is suspected of infringement.

"this work was completed by our designer during the Dragon Boat Festival last year and was also issued on the company's official official account." Ms. Wang, who works in Beijing Aoshi Bomei Culture Communication Co., Ltd., told the Beijing Morning Post that during the Dragon Boat Festival this year, colleagues found a work of the company last year on a Dragon Boat Festival gift box in Daoxiang village. According to her introduction, the designer of the work is still working in the company

later, in a official account with the main body of "Beijing Aoshi Bomei Culture Communication Co., Ltd." (hereinafter referred to as "Aoshi Bomei") and the name of "Aoshi brand celebrities will take you in-depth analysis of global plastic development trend design", it was found that on June 12 last year, the official account did push an article titled "Aoshi Bomei - Dragon Boat Festival zongzi means you", One of the two illustrations in the tweet is very similar to the picture printed on the "Zong Qing Dragon Boat Festival" gift box launched during the Dragon Boat Festival this year by daoxiangcun scaled composite company, which will actively carry out ground and flight tests in Mojave air force and spaceport. Except for the different characters in the center of the picture and the auspicious logo and a dragon boat pattern in the middle and lower positions of the picture, the two pictures are the same

Mr. Huang, general manager of Aoshi Bomei, said that at present, the company has not communicated with Daoxiang village, but after the Dragon Boat Festival, the company has gone to the notary office to record this infringement and is ready to take legal proceedings

Daoxiang Village: the packaging is designed by a third party

although the Dragon Boat Festival has passed this year and the sales of gift boxes have been suspended, this gift box named "Zongqing Dragon Boat Festival" can still be seen in the "official flagship store of Beijing Daoxiang village" on an e-commerce platform yesterday. Its net content is 1510g and the selling price is 238 yuan

in response to this matter, Gao, director of the marketing planning department of Beijing Daoxiang village, explained that the design patterns of all packages in Daoxiang village were provided and reviewed by a third party company, "we still need to collect specific information and conduct further investigation. However, our attitude is that if infringement is really involved, we will also deal with it on a case by case basis and will investigate the third party."

as for the name of the third-party company, Minister Gao said that it is not convenient to disclose it at present, "we still need to make an investigation first, and hope that the company that pointed out this matter can directly contact us and provide materials to explain the situation, so that our relevant departments will also be mobilized."

lawyer: proving the originality of the work is the key

lawyer Zhuxia, a senior partner of Beijing Jiahan law firm, pointed out that it is appropriate to be notarized by the infringing company first, "because it is necessary to retain relevant evidence, notarization is undoubtedly the most effective way. The infringement occurs around the Dragon Boat Festival. If the time of the Dragon Boat Festival passes, it will be more difficult to retain relevant evidence for the infringement." On the other hand, Zhu Xia believes that whether the infringed company can produce evidence to prove the originality of the work is the key to the event

"auspicious must prove that the work is original and has relevant intellectual property rights. It has been shown to the public before, and the specific time of creation must also be explained and proved. If conclusive evidence can be provided, it can be held accountable to daoxiangcun. However, if daoxiangcun proves that the picture appeared earlier, and auspicious's ownership is defective, auspicious must also bear the adverse consequences."

lawyer Zhuxia mentioned that due to the relativity of the contract, it will correspond to the corresponding laws. After the infringed has made a claim to Daoxiang village, if Daoxiang village has undertaken the relevant responsibilities, it can make a claim to the entrusted third party according to the contract signed with its entrusting party. If the contract between them clearly stipulates, "The design works of the third party company should be designed specifically for Daoxiang village and should not infringe other people's intellectual property rights. If there is infringement, it will be the default of the third party company."

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