On September 29, Shenzhen Microphone Holdings (688036) received Huaweis congratulations: a court petition for a claim of 20 million yuan. That was the day before the launch of Microphone.
Huaweis sniper arrived too late to stop the publishing of the voice, but it was enough to make the mobile phone maker, which has pioneered Africa, look ashamed.
Sniping on the Eve of Listing
As a mobile phone manufacturer, Microphone Holdings has a place in the industry because it took the lead in going to sea in 2008 and opening up the market in Africa. Although the voice phone is hardly seen in China, the voice holding company is undoubtedly the invisible giant of the mobile phone industry.
The core breakthrough of voice transmission lies in the accurate grasp of the African market. Previous mobile phone reviews on voice transmission in Africa have been viral in social media. The article mentions that in view of the features of the dark-skinned people in the African market, such as facial contours, eye lines and fingerprints, voice research and development, improving photographic effect and face recognition technology, tailor-made beauty cell phones for Africans, once launched, they have been welcomed by Africans and are hard to find. In view of the unstable voltage, high temperature and humidity in the African market and other environmental characteristics, voice also developed mobile phone hardware materials suitable for African users.
What is more terrible is that after gaining a firm foothold in Africa, in 2015, the company began to beat back to Asia, exploit the markets of India, Bangladesh and Indonesia, and also gain a large market share. Its sales ranking in the Indian market has risen to the fourth place, becoming an important competitor of Huawei.
According to financial data, the revenue of Microphone Holdings in 2016, 2017, 2018 and the first half of 2019 were 11.6 billion, 20 billion, 22.6 billion and 10.5 billion respectively. Net profit increased from 62.79 million in 2016 to 657 million in 2018. In the first half of this year, the net profit of Chuanyin holdings reached 817 million, more than the whole year of 2018.
On September 30, Chuanyin holding (688036) was first listed on the science and technology innovation board, with an issue price of 35.15 yuan per share, peaking at 69 yuan in the morning. It fell all the way to 57.8 yuan, up less than 65%. Subsequently, Huaweis claim lawsuit was announced, and on Oct. 8, Microphone Holdings fell 13%.
A wallpaper claims $20 million
On July 23, the application of Microphone Holdings for listing on SCM was approved by the SCM Listing Committee. Before and after that, Huawei has launched legal measures for voice transmission, but in the end, it failed to stop the listing of voice transmission.
Exactly two months later, the Shenzhen intermediate peoples court filed a case on September 23. On the eve of its listing (September 29), Huawei Technologies Co., Ltd. filed a lawsuit against Huawei Holdings for Civil Litigation before it was delivered to the company.
In this regard, Huawei filed a lawsuit to the court, asking the media to stop the infringement, apologize, and claim for economic losses and expenses of 20 million yuan to stop the infringement.
In this regard, voice holding said that because the amount of the subject matter of the lawsuit accounted for a small proportion of the companys total assets and business income, and the company can take effective measures to eliminate the impact, voice holding believed that the above litigation cases will not have a significant adverse impact on the companys future production and operation.
In the first half of this year, the professional photo rights defender visual China became very popular because of the single photo claim of 10,000 yuan, which was criticized by many media as extortion. The actual amount of compensation paid by the court for the protection of the rights of such professional photo dealers is generally only between several hundred yuan and 3000 yuan, mostly around 1000 yuan. Huawei claimed 20 million yuan for a picture, which overshadowed the amount of claims in all cases in China.
In this regard, you Yunting, a well-known intellectual property lawyer, said: In this case, the plaintiff and the defendant have the first mobile phone sales in China and the first in Africa. The case clearly has the background of market competition.
Wallpaper is not the purpose of purchasing mobile phones
However, after comprehensive weighing, the court ruled that Jiangsu Alishan Company only compensated Fangzheng Company RMB 18,000.
In this case, the court considered that Founder did not prove the actual profit of Alishan Company because of the use of the words involved in the case. The court of first instance determined the compensation paid by Alishan Company to Founder Company by taking into account the originality of Founder Companys works involved, the possible influence of the words in the package on the sales of the products, the selling price of Alishan Companys products and other factors. The amount of gold.
From Fangzhengs appeal of 200000 yuan to the final judgment of 18000 yuan, the court, while facing up to Fangzhengs lawsuit request, also considered the specific situation of the defendant. Font is not the purpose of consumers to buy food, so the actual amount of judgment is far from the demand of founder. Wei said.
In fact, there are many related cases. In many cases, the court considers whether the use of related products is the main reason for users to buy products. There are also font companies suing P&G for huge claims, which were eventually completely rejected. Font has never been the main factor in purchasing P&Gs shampoo.
You Yunting, a partner of Dabang Law Firm, believes that similar judgment logic can also be deduced in the case of voice transmissions: Wallpaper is obviously not the purpose for which mobile phone users choose to buy mobile phones. There is no direct causal relationship between the price and sales volume of mobile phones and whether or not to use the wallpaper involved. Therefore, Huawei should link the amount of compensation for wallpaper infringement with the sales revenue of voice phones, or press It is also difficult for courts to support claims for compensation based on Huawei wallpapers sales of voice phones multiplied by authorization fees.
As a lawyer who has no business relationship with Huawei and Transcription, you Yunting thinks that according to the case, it is fairer to calculate the amount of compensation by referring to the licensing fee. Every mobile phone has wallpaper, so the authorization of wallpaper in the mobile phone industry is generally recognized by the industry. If the voice is not authorized to use, it should be compensated according to several times of the price generally recognized by the industry. The specific multiple shall be determined by the court according to the nature of the infringement.
Wallpaper has no independent value
Lawyer Wei Qiang said that copyright is not equal to intellectual property rights, but there is limited space for compensation for copyright. The amount of compensation stipulated in Article 49 of the Copyright Law of China should be determined in the following order: (1) the actual loss suffered by the right holder due to infringement; (2) the illegal income obtained by the infringer due to infringement; (3) the legal compensation is less than 500,000 yuan. u3002
It should be noted that the three amounts listed in Article 49 should be applied sequentially rather than selectively, and the latter should only be applied when the foregoing amount is difficult to determine. It can be seen that the determination of the actual loss suffered by the right holder due to infringement is the key to determine the amount of compensation for copyright infringement.
Articles 25 and 26 of the judicial interpretation of the Copyright Law stipulate that if the actual loss of the obligee or the illegal income of the infringer cannot be determined, the peoples court shall determine the amount of compensation according to the request of the party concerned or according to its authority; when determining the amount of compensation, the peoples court shall take into account the comprehensive and definite circumstances such as the type of work, the reasonable use fee, the nature of the infringement and the consequences of the infringement. The peoples court may, according to the litigants claims and the specific circumstances of the case, calculate the lawyers fees in line with the provisions of the relevant departments of the state within the scope of compensation.
The core of the problem is that it is very difficult to define the loss and benefit of a wallpaper.
Outside Netease | Producer: Yao Changsheng Qi Dongliang