The People's Court Responds to the Legal Needs of the Development of the Film and Television Industry, Holds the Lifeline of Innovation through Comprehensive Judicial Protection

2023-11-16

In recent years, the film and television industry has developed rapidly, forming large-scale industries and deriving many new formats. Some regions have used the film and television industry as a new "growth pole" for regional development, injecting new vitality into society, economy, and culture. The Supreme People's Court recently released information on intellectual property cases related to films, showing that from 2013 to 2022, a total of 11600 cases involving intellectual property rights in film works were concluded in the first instance by the national people's courts. With the rapid development of the film and television industry, in the past five years, the average annual growth rate of cases involving film works has been 7.46%, higher than 4.73% in ordinary civil cases during the same period. What are the needs for intellectual property protection in the film and television industry chain and its new formats? How can the people's courts use the power of the rule of law to protect innovation and promote the rapid development of the film and television industry in the face of the increasing number of cases and the demand for the rule of law? A reporter from Rule of Law Daily conducted an interview on this matter. As of October 2023, more than 7700 film and television enterprises have gathered in Songjiang District, Shanghai, and the development pattern of the entire film and television industry chain has basically formed in Songjiang. "Tang Zhen, Vice President of the Songjiang District People's Court, introduced to reporters. In February 2021, Shanghai explicitly designated Songjiang New City as a carrier of film and television media's distinctive functions. Afterwards, keywords such as "building a film and television cultural industry cluster" and "the development of the entire film and television industry chain" became the characteristics of the Songjiang region, providing the Songjiang court with the opportunity to closely observe the application and protection needs of intellectual property rights in the film and television industry. The litigation situation in the film and television industry indicates that the application and protection of intellectual property rights cover the entire film and television industry chain, involving many aspects such as work adaptation and audio-visual production. In practice, there are many problems and legal application is difficult, and the compliance operation of enterprises faces challenges and risks. Tang Zhen provides an example, saying that small and medium-sized cultural production enterprises believe that creative works are easily plagiarized, It is urgent for relevant functional departments to strengthen guidance and norms in order to grasp the boundaries of the infringement of short videos and other works reported by new media companies. In recent years, some regions have utilized the film and television industry to promote regional development. Changsha City, Hunan Province has built the Malanshan Video Cultural and Creative Industrial Park. In just three years, the park has gathered thousands of video cultural and creative enterprises, integrating culture and technology, giving birth to new cultural formats, extending the cultural industry chain, and gathering a large number of innovative talents. In order to turn "internet celebrities" into "permanent celebrities", the People's Court of Kaifu District, Changsha City has established a specialized trial team to accept intellectual property cases in Malanshan Video Cultural and Creative Industrial Park from September 1, 2021. As of November 13 of this year, a total of 3414 intellectual property cases have been accepted and 3091 cases have been concluded. In March of this year, the Malanshan People's Court of Kaifu District was established. Wu Hong, the President of Malanshan Court, introduced that new competitive behaviors and economic models are constantly emerging between upstream and downstream enterprises in the video cultural and creative industry chain, and the demand for intellectual property protection in industries and regions is also increasingly prominent. The Malanshan Court deeply cultivates the field of intellectual property protection and strives to protect the "lifeline" of innovation. In June of this year, the Songjiang Court actively extended the trial function and released a white paper on trials related to the film and television industry in its jurisdiction (2021-2023). The statistical data showed that the traditional intellectual property of the film and television industry

Edit:Ying Ying    Responsible editor:Shen Chen

Source:legaldaily.com

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