Intellectual property rights have not yet been protected in place, and "intellectual property hooligans" are already collecting protection fees?
The fairy tale king Zheng Yuanjie wrote for 36 years that the "Fairy Tale King" magazine is going to be discontinued, and this year's December magazine has become its masterpiece. It is not that the "king" can't write, but he wants to defend his rights, to defend his rights and recover the 672 trademarks that he has been preemptively registered, and he really doesn't have the energy to write fairy tales. Zheng Yuanjie made it clear, "I want to use the suspension of "Fairy Tale King" to awaken everyone's attention to the protection of intellectual property rights in the field of trademarks, so that if it is not used, then I may only be able to stop publishing all my books in the future." ”
It turned out that some merchants had maliciously preemptively registered the trademarks of classic characters created by Zheng Yuanjie, including Pipilu, Rusisi, Shuk, Beta, etc. At present, a total of 672 trademarks have been preemptively registered. So that wherever Zheng Yuanjie went, he would be asked: "Is pipilu and Ruxisi company established by you?" How do you sell pork skin? A restaurant in Henan called "Pippilu", because of food safety problems, consumers even "defended their rights" to Zheng Yuanjie.
↑ The last issue of Fairy Tale King
"Fairy Tale King", which accompanied five generations of children after the 70s, 80s, 90s, 00s and even 10s, finally ended hastily because Zheng Yuanjie needed trademark rights protection, which made people sigh. A writer wants to change careers to become an activist, and even Zheng Yuanjie said that he is now a good doctor because he has been defending his rights for too long, and he has been ill for a long time, and he can recite the Trademark Law, which sounds very dark and humorous. The legendary "intellectual property hooligans" have become so rampant?
The general principle of China's Trademark Law is "registration first": who registers the trademark first, who is protected by law. The "first-to-register, first-served" mechanism of trademarks was originally designed to encourage innovation and indicate the source of goods and services, but it was abused by some people and went to the opposite of intellectual property protection. Some people have become "trademark pickpockets", and they have preemptively registered names, hot words, and literary characters that they can't play with their own eight rods, and stuffed them into their pockets.
Ding Zhen, who was a hit last year, Cheng Yunfu, this year's "Sanyuan Ramen Brother", and "Classmate Zhang", who just caught fire in the past two days, have not escaped the fate of being preemptively registered trademarks. Olympic athletes such as Quan Hongcia and Yang Qian, who won gold medals for China at the Tokyo Olympic Games, were robbed of trademarks by others and consumed Olympic champions without a bottom line, which triggered a strong protest from the Chinese Olympic Committee. Intellectual property hooligans were even so mad that the battle slogan of "clear love" written by the heroic martyr Chen Xiangrong of Shubian also applied for a trademark.
For another example, before the Little Red Book was on the hot search because of the registration of an "Old Red Book" trademark, it couldn't laugh out with a smile, behind which was a cruel trademark war - "Li Kui" In order to prevent the "Li Ghost" from fraudulently using the trademark, they had to register a bunch of "Li Ghost" defensive trademarks. "Great White Rabbit" milk candy registered more than a dozen similar trademarks: Big Gray Rabbit, Big Black Rabbit, Big Flower Rabbit, Little White Rabbit, Golden Rabbit, Silver Rabbit, etc.; Xiaomi Company, the red rice, blue rice, black rice, purple rice, orange rice, green rice, yellow rice, orange rice trademarks are all registered.
Back to Zheng Yuanjie's trademark rights protection, Pipilu, Lu xixi, Shuk and Beta, as well as the Rubik's Cube Building, are all classic animated characters and stories created by Teacher Zheng, but some people abuse the rules of trademark registration and directly steal them for themselves. Who wouldn't be angry if the children they raised were taken away by others, and they still took 672!?
In fact, China's Trademark Law, while stipulating the general principle of "registration priority", also clarifies the principle of non-infringement of prior rights. Article 22 of the Provisions on Several Issues Concerning the Trial of Administrative Cases Concerning the Authorization and Confirmation of Trademark Rights issued by the Supreme People's Court in 2017 stipulates that the titles of well-known literary works during the copyright protection period cannot be registered by others without the authorization of the copyright owner. The "Rubik's Cube Building" that was preemptively registered is the well-known title of Zheng Yuanjie's copyright protection period.
The recent incidents of "Tongguan Meat Sandwich Steamed Bun" and "HuoLi Soup in Xiaoyao Town" have aroused the concern of the whole people about the abuse and misappropriation of intellectual property rights. Our intellectual property rights have not yet been protected in place, but the "intellectual property hooligans" are already collecting protection fees - which also shows that the current environment for property rights protection is complex, and inadequate protection, abuse and squatting still coexist.
Zheng Yuanjie's hard-working IP "pro-son" has been easily occupied by others, and the suspension of the "Fairy Tale King" has once again confirmed the great social harm of the current intellectual property hooligans and the gray industry of trademark squatting; it also reminds us that we cannot let them go unpunished, let alone let them cut off the dividends of China's intellectual property protection.
Red Star News special commentator Ke Xian
Edited by Wang Yaotao
Red Star Review Submission Email: [email protected]
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