Lecture on "Practical Experience Sharing of Rights Protection of Written Works" was successfully held

On the afternoon of July 19, 2023, the "Practical Experience Sharing of Rights Protection of Written Works" hosted by Zhiheng Intellectual Property Center was held in the Zhiheng Conference Room. The lecture was delivered by lawyer Xu Xin, secretary general of the International Department of the Intellectual Property Center and member of the Copyright Committee, and lawyer Wu Yaping, secretary general of the Copyright Committee.

Lawyer Xu Xin

At the beginning of the lecture, lawyer Xu Xin introduced two common forms of book infringement, distribution rights and information network dissemination rights. Lawyer Xu Xin conducted a detailed analysis of the common forms of distribution rights protection - cracking down on paper pirated books. The practical difficulties of distribution rights protection are: the subject of infringement is difficult to determine; the cost and difficulty of evidence preservation is high; the litigation period is long; the online delivery of pirated books is concentrated, while offline producers and sellers are distributed across the country, the success rate of evidence collection is low, and the difficulty of settlement negotiations is increased, which cannot effectively curb new infringements.

Lawyer Xu Xin summarized the methods of obtaining clues and the main points of preparation for rights protection based on his past experience in handling related cases. There are five ways to obtain clues: manual investigation, technical capture, simultaneous infringement clues by customers, progress of rights protection in the same industry, and defendants of other written works. The main points of preparation for rights protection are: organize the list of copyright works, review the copyright materials according to the list of copyright works, pay attention to the type of authorization, authorization period, authorization area, details of the contract signed with the publishing house, etc., supplement the copyright materials, rights protection standards and progress feedback.

In addition, lawyer Xu Xin also introduced the entry point of the pirated book comparison opinion, and said that lawyers need to stand in the perspective of ordinary consumers to distinguish between genuine books and pirated books, but they need to use the professional terminology of the publishing industry when explaining the difference to the judge.

Lawyers present said that lawyer Xu Xin's sharing was lively and interesting, and he explained the main points of the practice of rights protection for written works in a simple way. The audience then had a full discussion on issues such as "whether online sharing of documents in practice is an exhaustion of rights or an infringement", and the exchange collided with sparks of ideas.

Moderator: Lawyer Wu Yaping

Lecture site

The Intellectual Property Center holds one or two sharing lectures every month, aiming to share the research results of various professional committees of the Intellectual Property Center and demonstrate the research results and professional strength of "Zhiheng Intellectual Property". This lecture is the first phase of professional sharing by the Copyright Committee of the Intellectual Property Center. In the future, professional exchange activities will be carried out in Zhiheng across the country to lay a good foundation for internal communication and integration, resource integration, and help Zhiheng develop with high quality.

will continue to uphold the development concept of "integration of knowledge and action, constant and far-reaching", continue to carry out a variety of professional exchange activities, provide lawyers with a platform to show themselves, professional improvement, interconnection, empower each other, and work together to build a world-leading international legal service platform!

Lawyer Profile

Lawyer Xu Xin

Secretary General of the International Department of Zhiheng Intellectual Property Center, Member of the Copyright Committee

Responsible for more than 200 copyright protection proceedings (mainly written works/audio-visual works) of large-scale book listed companies, providing legal service contracts for music works/audio-visual works series special projects for many well-known enterprises, monitoring rights protection, eliminating piracy and following up on related lawsuits, handling a series of trademark rights protection cases of many listed companies and a series of patent rights protection cases of many enterprises.