To work. Program Tort: Zhu Deyong all lawsuits dismissed

December 21, 2010, Beijing First Intermediate People's court sued Beijing TV station, Shanghai Zhu Deyong film and Television Communication Co., Ltd. (hereinafter referred to as "only media") and Shanghai First Financial Media Co., Ltd. (hereinafter referred to as "the first financial") infringement of copyright and unfair competition cases conducted public hearings,　　Made a final judgment: the abolition of the trial court--the People's Court in Haidian district, Beijing, the defendant to Peking television station, only the media, the first financial "unfair competition relationship" of the verdict and punishment, and dismissed Zhu Deyong all litigation requests. Case: The famous host Liu Yiwei presided over the "work this Thing" program, is by the Shanghai First Financial channel and Shanghai Wei-Zhong Communication Co., Ltd. to build China's first light comedy-style workplace talk show, the January 2007 program once broadcast that the response is enthusiastic, the performance of the program is very excellent,　　Become Shanghai's first financial channel brand column, and in the Beijing TV financial channel BTV-5 and many cities nationwide digital channels continue to hit. "Work this thing" to urban white-collar as the main audience, for the vast number of office workers to create a release of pressure and confide in the spirit of the Highland, become a popular national urban White-collar love and trust program. Each issue invited two white-collar elite guests, and set a topic to experience, together with the host Liu Yiwei Wei form a conversation space, with relaxed, humorous expression way to chat around the workplace topic.　　Many television industry experts commented that before the launch of the "Work this Thing" program, the domestic TV industry talk show market is still a blank, the introduction of the program and hit the domestic television program innovation and mainstream consumer market has a far-reaching impact. April 2009, Taiwan famous cartoonist Zhu Deyong to Beijing Haidian District People's court, sued Beijing Television, the first financial, the media company infringement of copyright and the existence of unfair competition behavior, said television program "Work this Thing" and the comic book "about the work of this thing" name similar, And in the television program's advertising campaign to use its comics in the landmark statement, asked the three defendants in Beijing television financial channel broadcast apology statement and compensation for the loss of 500,000 yuan. The case of the trial court found that Zhu Deyong on the infringement of copyright claims can not be established, but support Zhu Deyong about unfair competition in the relevant litigation request, decree only the media and the first financial website published in the first financial statement to eliminate the impact and common compensation Zhu Deyong 50,000 yuan, dismissed the Zhu Deyong to Beijing TV station lawsuit request.　　After the verdict of first instance, Zhu Deyong and both defendants appealed to the first Intermediate People's Court of Beijing.　　Final Judgment: Beijing First Intermediate People's Court received the first time after the case, after a rigorous investigation of evidence and fair and open trial process, the case of the two major points of contention to make a final decision.　　Controversy one: "Work this Thing" program is violated "about work this thing" a book copyright? "Work this thing" program name and Zhu Deyong "about work this thing" the title is similar? Beijing TV station to broadcast "work this thing" request only the Media Production sectionA guest in the leaflet said "You can not go to school, you can not access the Internet, you can not be fooled, but you do not have to work" and since the Zhu Deyong "about work" the first chapter of the preamble similar to whether it constitutes tort?　　These two elements are the main reasons why Zhu Deyong sued Beijing TV station, Shanghai only media and the first financial company. Beijing's first Intermediate People's Court after the public trial to determine: "Work" is a social phenomenon, but also any person can comment on the public topic. Zhu Deyong cannot prohibit others from creating different content and forms of work on the same subject because of the book about work, otherwise it will hinder the public interest.　　Although the title of "work at this point", the content of the contents of the film and the contents of the Zhu Deyong book is approximate, but the above content only is "about work this matter" the work topic and the content fragment, in the entire work the proportion is very small, does not constitute this work the essence or the core, has not yet reached the infringement copyright the degree.　　Controversy two: Whether the television program "Work this matter" with the comic book "about the work of this matter" constitutes an unfair competition? According to the second article of the Anti-unfair competition law of the People's Republic of China, unfair competition means that the operator violates the law, damages the lawful rights and interests of other operators and disrupts the social and economic order. After public hearing, the first Intermediate People's Court of Beijing said: In this case, the Zhu Deyong of unfair competition is limited to "work at this thing" the name of the program and its book name has a certain similarity, the promotional film appeared in its book content approximate content, and, Zhu Deyong's book is a four-piece comic, and the "　　Work at this thing. "The program is a no fixed local talk show, two works of different expressions, and in fact," Work this thing "program does not involve the content of the book about work, therefore, does not constitute unfair competition. Deputy Beijing Television and only media court is the Beijing Bank of China law firm Shanghai Branch director Xu Qiang lawyer, Xu Qiang a sigh of relief after receiving the final judgment, he believed that, after the first instance judgment, because Zhu Deyong's speculation, causes the appeal the trial pressure to be very big, but the second instance court is not subjected to the so-called celebrity interference,　　It makes a fair judgment, reflects the objective truth of the case, maintains the legitimate creation, conforms to the legislative spirit of the copyright law of our country, and plays a positive role in encouraging the artistic creation and promoting the development of the literature and art. In recent years, the State attaches great importance to the protection of intellectual property rights as a national development plan. China's TV industry is showing a thriving trend because of its policy of "separation of production and sowing", which is more beneficial to market-oriented competition. On this contact, in this case, the excellent forerunner and practitioner of the "separation of production and sowing" and the practitioners in Shanghai only the media, the first financial company and the Beijing television station have received a fair verdict is particularly valuable, normative legal protection and fair and impartial market competition environment is undoubtedly the prosperity and development of China's television industry strong backing.