Does "Deng Ziqi" want to change its name?
Published:
2019-03-15
These two days, the author's mobile phone was a "Deng Ziqi" stage name copyright "news frequently brush screen. Out of hot news and professional sensitivity, the author consulted a number of related reports, after reading it, my heart should be mixed with sadness and joy. In the dead of night, when I was busy with my work, I couldn't help but want to talk to you about my thoughts.
"Sadness and joy" is indeed my real feeling at this time. The good news is that with the implementation of the national strategy of strengthening the country with intellectual property rights, from the leadership of the country to the people in the market, they will more or less talk about "intellectual property", "trademark", "patent" and "copyright (copyright)". This really reflects the strengthening of intellectual property protection in our country. As an intellectual with 15 years of experience, I am very happy. Sadly, although everyone talks about intellectual property rights, few people can understand what intellectual property rights are and the role of intellectual property rights, no matter in the "Deng Ziqi" incident or in the cases encountered in their usual work. No, there are a lot of media big V making jokes ~ ~ why do you say so, and listen to the author one by one.
After searching "Deng Ziqi", the author Baidu found that the top hot words were "copyright of Deng Ziqi's stage name" and "Deng Ziqi was afraid of being forced to change its name", and the relevant information has reached more than 529000 articles, which has become hot information in recent days, and the popularity is still rising (see the attached figure for details). The reason is that it is said that artist Deng Ziqi has canceled his contract with his agency hummingbird music co., ltd. but according to Taiwan media (some news also pointed out that the source of the news was "relevant netizens", but it doesn't really matter who it is, and it doesn't matter if you press the table), the former agency hummingbird music co., ltd. has registered "Deng Ziqi" as a trademark, and artist Deng Ziqi will not be able to use its stage name ".
As mentioned above, the author thinks that many media big V may not have done their homework before releasing the news, so they will say that they have made an "own goal" and made a joke.
First of all, in my country's intellectual property legal system, copyright (also known as copyright) and trademark rights are two independent rights, and the difference between the two is very obvious. The object of the legal relationship of intellectual property is "intellectual achievement", in which the object of the legal relationship of copyright is "work" and the object of the legal relationship of trademark right is "trademark". Here, "Deng Ziqi" is obviously not a work. Therefore, it cannot belong to "copyright", but to trademark rights. Therefore, the theory of "Deng Ziqi" stage name copyright "is obviously a very wrong statement.
Secondly, the author thinks there is still something to be discussed about whether the artist Deng Ziqi needs to be forced to change his name.
After searching, among the applied trademarks that can be retrieved so far, there are 14 "Deng Ziqi" trademarks, of which 6 "Deng Ziqi" trademarks applied for registration by Hummingbird Music Co., Ltd. have been approved for registration, and the remaining 8 "Deng Ziqi" trademarks, Either invalid or has been filed for trademark objections, is still under trial and has not been granted. Therefore, the only thing in the news that can force artist Deng Ziqi to change his name is these six trademarks under the name of his former agency Hummingbird Music Co., Ltd.
Here, we will not discuss whether the protection scope of these six trademarks can make artist Deng Ziqi unable to continue to use "Deng Ziqi" after the termination of the contract. We will only assume whether artist Deng Ziqi should change his name if the protection scope of the trademark is comprehensive enough.
The reason why the news believes that the artist Deng Ziqi will change his name in the future is because everyone believes that the use of the "Deng Ziqi" trademark without the permission of the trademark owner Hummingbird Music Co., Ltd. will be an infringement. In the case of the artist Deng Ziqi and his agency's contract termination is not normal, the probability of obtaining authorization is very low, so there is such a statement. This is also a very important reason why the author can't laugh or cry. It is very happy that everyone pays more and more attention to trademark rights, but you may also misunderstand the role of trademarks and mistakenly think that as long as the trademark is approved and registered, it will be "powerful. This should be a misunderstanding of many people. A similar situation exists in many cases that the author has come into contact. Here, we need to clarify this issue.
According to Article 48 of the Trademark Law, "the use of trademarks in this Law refers to the use of trademarks on goods, commodity packaging or containers and commodity trading documents, or the use of trademarks in advertising, exhibitions and other commercial activities to identify the source of goods." Otherwise, it is not an act of trademark use in the sense of trademark law. Even the use of trademarks does not constitute, how to talk about trademark infringement? The majority of Deng Ziqi's fans, or do not need to worry so much.
In other words, if it is the use of trademarks in the sense of trademark law, does the artist Deng Ziqi's continued use of "Deng Ziqi" constitute infringement? The author believes that there is no need to worry too much about this. According to the information inquired by the author, artist Deng Ziqi won numerous awards after signing the contract with Hummingbird Music Co., Ltd. in 2008. In 2011, at the age of 19, she held five solo concerts in Hong Kong Red Hall, becoming the youngest female singer to sing in the Red Hall. Because of its too many awards, the author will not repeat them here, but it can be seen that before Hummingbird Music Co., Ltd. applied for registration of the "Deng Ziqi" trademark on September 5, 2014, artist Deng Ziqi had already used "Deng Ziqi" and had a certain influence. Therefore, according to the third paragraph of Article 59 of the "Trademark Law", "Before the trademark registrant applies for trademark registration, if another person has already used a trademark that is the same as or similar to the registered trademark and has certain influence before the trademark registrant on the same or similar goods, the owner of the exclusive right to use the registered trademark has no right to prohibit the user from continuing to use the trademark within the scope of the original use, but may require it to attach an appropriate distinguishing mark." Therefore, everyone can not worry too much.
However, as a professional producer, the author needs to put forward some suggestions to the artist Miss Deng Ziqi. Although I do not know how the original brokerage contract was signed, the author has seen many disputes over trademark rights, portrait rights and copyrights as well-known artists, but disputes over trademark rights between artists and brokerage companies are really rare. In the current environment, with the improvement of people's awareness of intellectual property protection, artists' trademark rights, portrait rights, copyrights and larger conceptual commercialization rights have become more and more important. It is obvious that Miss Deng Ziqi has not done enough on this point. In the future development, more attention should be paid to the protection of intellectual property rights. Although this trademark has been registered, but there are ways to get back, involving trade secrets, the author will not start. This also reminds everyone that it is urgent to attach importance to the protection of intellectual property rights. Don't wake up at that time and really can't call your own name. Although it is possible and possible to get back our own rights, it is also time-consuming and laborious, isn't it?
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