WhoBound Law Firm assists Malaysian client in successfully rights protection.
在全球化加速背景下，涉外知识产权侵权案件数量持续增长，已成为知识产权保护领域不可忽视的挑战。这类案件不仅涉及国内外法律体系的交织，更考验国际间知识产权保护的协调与合作。近期，广东合邦律师事务所律师刘艳华、汤思媛、国际部副部长廖智全为马来西亚客户办理的一起涉外著作权侵权纠纷案件，成功为客户争取到人民币50万元赔偿款，这一成果在我国著作权侵权案件中具有典型意义（经过对2015年至2023年我国著作权侵权案件进行检索发现，此类案件裁判支持率（全部或部分）仅占23.57%，标的额为50万至100万元的案件占比仅为0.53%）。尽管原告在本案中难以充分证明其实际损失金额以及被告的违法所得，且司法实践中普遍认为著作权作品在产品销售中的贡献率低于商标权，但我所律师团队仍然凭借合理的诉讼策略及清晰完整的证据链，成功维护了客户的权益。这一成果不仅彰显合邦所在涉外知识产权领域的专业实力和处理复杂案件的能力，更加体现了我国法律在保护外国主体知识产权方面的决心和力度，进一步凸显了中国法治环境的公平与正义。
In the context of the acceleration of globalization, the growing number of foreign-related intellectual property infringement cases has become a challenge that cannot be ignored in the field of intellectual property protection. These cases not only involve the intertwining of domestic and foreign legal systems but also test the coordination and cooperation of international intellectual property protection. Recently, Liu Yanhua, Tang Siyuan, lawyers at WhoBound Law Firm, and Leow Zhi Quan, deputy director of the International Department, handled a foreign-related copyright infringement dispute for a Malaysian client and successfully obtained a compensation of RMB 500,000 for the client. This outcome is typical in China's copyright infringement cases (according to a search of China's copyright infringement cases from 2015 to 2023, the support rate (fully or partially) for such cases is only 23.57%, and the proportion of cases with a subject matter value of RMB 500,000 to RMB 1,000,000 is only 0.53%). Although it was difficult for the plaintiff in this case to fully prove the actual amount of losses and the defendant's illegal income, and it is generally believed in judicial practice that the contribution rate of copyright works in product sales is lower than that of trademark rights, our legal team still successfully protected the client's rights and interests through reasonable litigation strategies and clear and complete chains of evidence. This outcome not only demonstrates the professional strength and ability to handle complex cases of WhoBound Law Firm in the field of foreign-related intellectual property but also reflects China's determination and strength in protecting the intellectual property rights of foreign entities, further highlighting the fairness and justice of China's legal environment.
一、案件概述
I. Overview of the Case
本案原告系一家马来西亚公司，于2019年委托案外人为其创作美术作品，并于次年取得由中国国家版权局颁发的著作权登记证书。此后原告授权被告使用该美术作品，将其用于原告委托被告生产的卫生棉产品外包装上。但被告却未经原告许可，擅自将该美术作品用于其自行生产的卫生棉产品外包装，并大量销售，侵犯了原告的著作权。
The plaintiff in this case is a Malaysian company that commissioned an outsider to create artistic works in 2019 and obtained a copyright registration certificate issued by the National Copyright Administration of China the following year. Afterward, the plaintiff authorized the defendant to use the artistic works on the packaging of the sanitary cotton products produced by the defendant on behalf of the plaintiff. However, without the plaintiff's permission, the defendant used the artistic works on the packaging of its self-produced sanitary cotton products and sold them in large quantities, infringing on the plaintiff's copyright.
二、案件分析及办理
II. Case Analysis and Handling
1、精准定位与策略制定：律师团队在接手案件后，迅速对案情进行了深入分析，明确原告诉求及被告侵权行为，制定出切实可行的维权策略；
Precise positioning and strategy development: After taking over the case, the legal team quickly conducted an in-depth analysis of the case, clarified the plaintiff's demands and the defendant's infringing behavior, and developed practical and feasible rights protection strategies.
2、全面收集诉讼证据：为确保案件胜诉，律师团队展开了全面细致的调查取证工作。本案的难点集中在如何确凿证明被告侵权行为的获利金额。为了最大限度地向法官证实被告获利事实，律师团队采取了多项取证措施：向法院申请律师调查令，以获取被告在拼多多等电商平台上的销售数据；通过抖音账号、微信朋友圈、微信小程序等平台广泛搜集并整理了大量被告自行公开的销售信息，进而分析出被告的获利规模，从而为法庭提供了一系列充分而有力的证据。
Comprehensive collection of litigation evidence: To ensure the success of the case, the legal team carried out comprehensive and meticulous investigation and evidence collection. The difficulty of this case focused on how to conclusively prove the amount of profit from the defendant's infringing behavior. To maximize the presentation of the defendant's profit facts to the judge, the legal team took multiple evidence collection measures: applying to the court for a lawyer's investigation order to obtain the defendant's sales data on e-commerce platforms such as Pinduoduo; widely collecting and organizing a large amount of sales information publicly disclosed by the defendant through platforms such as Douyin accounts, WeChat moments, and WeChat applets, and then analyzing the scale of the defendant's profits, thus providing a series of sufficient and powerful evidences for the court.
3、准确把握庭审过程：庭审过程中，被告坚决否认其行为侵权，甚至提交虚假证据声称涉案作品是其创作。面对被告充满疑点且漏洞百出的证据，律师团队凭借深厚的法律功底和出色的应变能力，精准揭示被告侵权行为，为法院的最终判决提供了坚实有力的事实和证据支持，最终取得案件胜诉。
Accurate grasp of the trial process: During the trial, the defendant firmly denied its infringing behavior and even submitted false evidence claiming that the involved works were created by itself. Facing the defendant's doubtful and flawed evidence, the legal team relied on its profound legal knowledge and excellent responsiveness to accurately reveal the defendant's infringing behavior, providing solid factual and evidence support for the court's final judgment and ultimately achieving success in the case.
三、案件启示与影响
III. Case Implications and Impact
本案的成功办理再次提醒大家，无论是国内还是国外知识产权，都应得到同等的尊重和保护。企业和个人都应提高知识产权保护意识，自觉遵守国际知识产权规则。同时，本案原告诉请得到法庭的支持也有助于增强国际间对我国知识产权保护制度的信任与认可。合邦所律师团队在本案中不仅展示了涉外知识产权领域的专业素养和实务能力，也为我国法律服务机构在国际舞台上树立了良好形象，为今后处理涉外知产案件提供宝贵经验。
The successful handling of this case once again reminds everyone that both domestic and foreign intellectual property rights should be equally respected and protected. Companies and individuals should raise awareness of intellectual property protection and consciously abide by international intellectual property rules. At the same time, the plaintiff's claim being supported by the court in this case also helps enhance international trust and recognition of China's intellectual property protection system. The legal team of WhoBound Law Firm not only demonstrated its professional expertise and practical abilities in the field of foreign-related intellectual property in this case but also established a good image for China's legal service institutions on the international stage, providing valuable experience for handling foreign-related intellectual property cases in the future.
律师介绍
廖智全
合邦国际法律部副部长
合邦国际法律部副部长
Liao Zhiquan holds a Bachelor's degree and a Master's degree in Law from the UK, and is a British lawyer. He serves as the Deputy Director of the International Department at Guangdong Hebang Law Firm, an arbitrator at the Brazil Arbitration and Mediation Center, an arbitrator at the Arbitration Tribunal of the Guangzhou Arbitration Commission, an arbitrator at the Guangzhou Intellectual Property Arbitration Court, an arbitrator at the International Arbitration Court of the Zhuhai Arbitration Commission, an arbitrator at the Hainan International Arbitration Court, the Vice President of the China-Portugal Chamber of Commerce, the Vice President of the Malaysian Intellectual Property Entrepreneurs Association, a guiding teacher for the International Law School at East China University of Political Science and Law (ICC), a part-time teacher at Guangdong University of Business and Technology, a part-time teacher at Guangdong Women's Vocational College, a deputy secretary-general of the Guangdong Cross-border E-commerce Association, a legal expert in the expert group of Guangdong Weiqiao Volunteer Service, an expert in the industry research institute of the Guangdong Cross-border E-commerce Association, and an expert in the expert database of the Intellectual Property Association of Guangzhou Development Zone.
Liao Zhiquan is responsible for handling foreign-related cases on a daily basis and possesses extensive practical legal experience in the fields of international trade, commercial law, intellectual property, and blockchain. He has handled the development, establishment, operation, and coordination of multiple blockchain projects. Liao Zhiquan also pays attention to the technical solutions, incentive systems, industrial operations, and community governance supporting measures during the growth and development of blockchain NFT projects. Additionally, he serves as a perennial legal advisor to multiple domestic and foreign listed companies, foreign trade companies, technology groups, and more.
Contact number: 13602278971
E-mail：terrence@hebanglaw.com
Liu Yanhua, a member of the Communist Party of China, was born in July 1960. She holds a master's degree and is a senior lawyer at Guangdong Hebang Law Firm, as well as an associate professor at Guangdong University of Finance. She obtained her lawyer qualification in 1994 and started practicing law in the same year. She has worked as a lawyer in Jilin, Hainan, Shanghai, Guangdong, and other places.
Lawyer Liu Yanhua has served as a legal advisor to multiple governments, enterprises, and institutions during her 28 years of legal practice. She has handled hundreds of various cases for her clients, resolved various conflicts, and especially made significant contributions to pre-emptive prevention. She has been praised for her ability to alleviate their troubles. Her main expertise lies in litigation matters such as criminal law, real estate, and intellectual property, as well as non-litigation services including asset restructuring, NEEQ listing, and main board listing. Throughout her nearly two decades of legal practice, her consistent principle is to handle matters with meticulous care, and her consistent style is to practice with honesty and trustworthiness.
Contact number: 15622790551
E-mail：liuyanhuayouxiang@163.com
Tang Siyuan, a Master of Laws, is a full-time lawyer at Guangdong Hebang Law Firm, a specially-appointed mediator for foreign-related disputes at the Yuexiu District People's Court in Guangzhou, an expert in the Hong Kong and Macao legal expert pool in Yuexiu District, Guangzhou, and a legal aid lawyer at the Guangzhou Legal Aid Bureau.
Lawyer Tang specializes in legal services such as corporate legal consultancy, civil and commercial dispute resolution, and intellectual property. He has served as a perennial legal advisor to multiple enterprises, participated in the resolution of various special matters for enterprises, and assisted several enterprises in completing the registration of private fund managers and the filing of major changes. His service areas cover industries such as healthcare, education, cross-border e-commerce, cosmetics, business services, and investment.
Contact number: 17701987313
E-mail：tangsiyuan@hebanglaw.com
供稿：汤思媛
审稿：合邦宣传部
