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Zhao Jikang v. Quijing Cigarette Plant

Civil Judgment No. Yungaominsanzhongzi 16/2003 (2003)

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Zhao Jikang v. Quijing Cigarette Plant

Yunnan Province Higher People’s Court
Civil Judgment No. Yungaominsanzhongzi 16/2003 (2003)

Facts

In 1958, Zhao Jikang (Zhao) (plaintiff) obtained a copyright on a screenplay called Five Golden Flowers, which was produced as a movie the following year. In 1983, Quijing Cigarette Plant (Quijing) (defendant) sought to register the name “Five Golden Flowers” as the trademark for a brand of cigarette. Zhao brought suit against Quijing in the Kuning City Intermediate People’s Court. The court considered the issues of both copyright infringement and unfair competition but ultimately ruled against Zhao on both. Zhao appealed to the Yunnan Province Higher People’s Court.

Rule of Law

Issue

Holding and Reasoning ()

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