Lawyer Ma: Hello! We are a foreign-funded company that has developed a popular online game worldwide and also has a core player base in China. At present, we have found another online game in the Chinese market, whose game interface decoration design is very similar to the game we developed. Has the game developer violated our rights? How should we protect our rights? A foreign online game company, Luoning Luoning: Hello! According to your description, it is suggested that you consider protecting "commodity decoration" in the Anti unfair competition Law to protect your rights. The specific explanation is as follows: ■ The decoration of goods is protected by the Anti unfair competition Law. According to Item 5 of Article 3 of the Several Provisions of the State Administration for Industry and Commerce of the People's Republic of China on Prohibiting the unfair competition of Counterfeiting the Unique Name, Package and Decoration of Famous Goods, the decoration "refers to the words, patterns, colors and their arrangement and combination attached to the goods or their packages for the purpose of identifying and beautifying the goods". Generally speaking, product decoration can be regarded as a general term for product packaging design, product styling design, and product color design. However, in the first paragraph of Article 6 of the current Anti unfair competition Law, it is stipulated that the confusion behavior of operators that leads people to mistakenly believe that they are other people's goods or have a specific connection with other people includes "unauthorized use of the same or similar marks of the name, package, decoration and other goods that have a certain impact on others". The substantive purpose of this regulation is to protect commercial signs that have not been able to obtain trademark registration, including the protection of "product decoration". Representative cases involving online games safeguarding the rights of game decoration design through the anti unfair competition law, including the case of Hearthstone Legend v. Wolong Legend: Legend of the Three Kingdoms, one of the ten typical cases of Shanghai's intellectual property in 2014. In this case, the defendant, as a competitor in the same industry, should strictly abide by the relevant provisions of the Anti unfair competition Law and the self-discipline convention of the game industry to conduct fair competition. However, the game "Legend of Wolong: Legend of the Three Kingdoms" fully plagiarizes and uses decoration designs and other game elements that are extremely similar to the scenes in "Legend of Hearthstone", and also plagiarizes the game rules of "Legend of Hearthstone". The above plagiarism constitutes a "confusion" behavior prescribed by the Anti unfair competition Law, and has the nature of unfair competition. The final court ruled that the developer of the Legend of Wolong: Biography of the Three Kingdoms should immediately stop unfair competition and compensate for the corresponding losses. ■ Unauthorized use of the constituent elements of the commodity logo that has certain influence with others to determine whether the electronic game developed by the other party constitutes a "confusion act" as stipulated in Item 1, Article 6 of the Anti unfair competition Law requires three steps of judgment. First of all, it is necessary to judge whether your game interface constitutes an influential commodity logo. According to the provisions of Paragraph 1 of Article 4 of the Interpretation of the Supreme People's Court on the Application of lt; the Law of the People's Republic of China on Anti unfair competition gt, "The people's court can identify the logo with certain market popularity and distinctive characteristics that distinguish the source of goods as the 'influential' logo specified in Article 6 of the Anti unfair competition Law." You mentioned that your game is still alive
Edit：Ying Ying Responsible editor：Zhou Shu
Source：People.cn
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