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ARTICLE · 18 APRIL 2017

How To Enforce Rights In Works Not Protected Under The Copyright Law

W&B's case involving the online game Hearthstone can serve as a useful example in answer to this question.

ChinaIntellectual Property

W&B's case involving the online game Hearthstone can serve as a useful example in answer to this question. In that case, recognized as a 2015 Top 10 Landmark Shanghai Case, W&B represented plaintiff Blizzard Entertainment Inc., and determined that the keys to effective enforcement in that case arose from the following principles: (i) unauthorized use of the unique packaging of a well-known product; (ii) false advertising; and (iii) plagiarism of the core intellectual property of the game (i.e. game rules) that violated the principles of consent, equality, fairness and honesty and constituted unfair competition. Among these keys, the application of the basic principles of the Anti-Unfair Competition Law to protect the core intellectual property of the game was the main issue.

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