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Injunction Issuance in China

2019-12-18

Plaintiff, Blizzard Entertainment(hereinafter referred to “BLZ”) is the copyright owner of the series of “World of Warcraft” games. Shanghai Nets Network Technology Development Co., Ltd (hereinafter referred to “NETS”)is the exclusive operator of series of “World of Warcraft” games.

Three defendants, Chengdu QIYOU Technology Co., Ltd (hereinafter referred to QIYOU) is the developer of “QUANMIN Warcraft” game, Beijing FENGBO Time Network Technology Co., Ltd (hereinafter referred to FENGBO TIMES is the exclusive carrier of “QUANMIN Warcraft” game and Guangzhou DONGJING Computer Technology Co., Ltd (hereinafter referred to DONGJING) is the provider of downloadable “QUANMIN Warcraft” game.

In December of 2014, the two plaintiffs requested Guangzhou IP Court to issue “Injunction” to prohibit immediately the three defendants further infringement acts after paying CNY10000000(US$1.54 million) guarantee fee as well as sued 3 defendants for infringement of copyright and unfair competition. In January of 2015, “FENGBO TIMES” filed application of jurisdiction objection before Guangzhou IP Court. This application was final refused by Guangdong Higher Court.

 

Guangzhou IP Court organized both sides hearing and examined the writ petition mainly focused on the possibility of the plaintiff's favor, and whether irreparable damage. Taking into account the on-line game is bound to squeeze the plaintiff the new push gaming market share, and the network game has a short life cycle, spread fast, wide range of features, the damage caused to the plaintiff's difficult to calculate and quantify, and the defendants uses vulgar marketing approach will bring damage to the plaintiff's reputation. So, the court issued the injunction ruling in March of 2015, and maintaining the effectiveness of the injunction to the effective date of the judgment in this case, during the injunction period will not affect the balance inquiries and refund services for gamers. After the injunction ruling was issued, the defendant of QIYOU and DONGJING automatically fulfilled ruling, FENGBO TIMES also performed the ruling after the court's interpretation and supervise.

This case is selected as one of the typical IP cases by The Supreme People’s Court in 2015. It strictly follows the procedural requirements of the injunction, strictly examines the substantive requirements, process specifications to ensure the injunction "cautiously positive, reasonable and effective". In practice, it is very strict to issue injunction by court. It must meet strict procedure and substantive requirements. This case fully demonstrates the court's determination to strengthen the judicial protection of intellectual property rights; the relevant public and the IP experts also make more than a positive evaluation for this injunction and to achieve good social effects.

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