Vanke Essay Suspected of Plagiarism and Product Disarmament Do Not Rule Out U.S. Complaints

Can not withstand the pressure of Internet users broke the news, Van Gogh suspected of suspected plagiarism T-shirts have been put from the site shelves, on the site has been found by a netizen exposed, allegedly copied the United States famous designer FlyingMouse and American T-shirt website Shirt.Woot Creative T-shirt design. It is reported that this customer's Eslite T-shirt regardless of style, color or pattern design, are exactly the same with the FlyingMouse design.

The reporter called the four venture capital investors of Vanke Eslite Qiming Ventures, IDG, Lianchuang Ceyuan, Softbank Saifu and chose to avoid the company in the face of the fact that the company it was investigating was suspicious of plagiarism. It was not because the issue was sensitive. The interview did not make any response after the reporter sent the e-mail.

The company bears economic losses

The netizen revealed that the product was suspected of plagiarism. The reporter then consulted the website of Vanke Eslite, but found that the product had disappeared. However, Li Jianxiong, the manager of Vanke Eslite Media, said during a press interview that it was not convenient to talk about this topic, and said that the T-shirt was Vanke Eslite has not been sold.

In an interview, the lawyer of the Shanghai Gongyuan Law Firm, Hu Yuming, proposed that the matter of Eslite Esplanade involves the protection of intellectual property rights, and the United States has to sue issues involving both procedures and entities.

According to the so-called procedure, Hu said: "The evidence must be fixed. To download the certificate, if it is notarized, the government agency must go through the connector and the website to find the relevant traces. If there is no evidence, there is no way to sue. It is enough to prove that Vanke Essence had indeed sold this T-shirt." In addition, Hu lawyer also proposed that because the protection of intellectual property is geographical, if the pattern of the T-shirt is not protected in the United States as a trademark, then everyone can use. In other words, although T-shirts have “hadn't been sold”, there is still concern about whether or not Eslite products are subject to US website complaints.

Huang Hao also proposed that it does not rule out that U.S. companies have done some forensics before and have done some notarization preservation on the webpage. They can claim damages within one year of the infringement. "For the protection of such product designs and the compensation for infringement, China's "Copyright Law" and the "Trade-Related Intellectual Property Agreements" and "Paris Convention for the Protection of Industrial Property" which China has joined are clearly regulated. According to reports, the design of this type of clothing is likely to constitute infringement. If a foreign company wishes to pursue its legal responsibilities, it has a legal basis and can require it to cease infringement, eliminate influence, apologize and compensate for losses."

Shareholders have moral responsibility

Regarding the sealing actions of the four major shareholders of Vanke Eslite, Huang Wei said: “Welcome Eslite is definitely operated by an independent company, and the investor belongs to the company’s shareholders. The company is a limited liability company, and the shareholders’ debt and compensation are both The company assumes limited liability and assumes liability only for the limited amount of capital invested. The company where the Excellite website is located assumes the responsibility of an independent legal person, and the shareholders have no liability for compensation. "So even if the US website requires compensation at this time, as the investor of Vanke Eslite shareholders Nor do you need to take responsibility for this.

From the consumer's point of view, it was thought that the exclusive works designed by Vanke Eslite Designers had been purchased. Unexpectedly, it was a copycat product originating from the US website. It was indeed suspected of being deceived. However, since Eslite is currently not a listed company and its shareholders only need to take responsibility for the company's capital injections, netizens are only sighed with the so-called “infringement claims”.