The copyright of "Good Voice" is again in turmoil: Canxing's "Original Model Certification" is not copyright evidence

Facts have proved that the materials submitted by Canxing to the Model Registration and Protection Association (FRAPA) cannot "relieve" itself, but may instead become ironclad evidence that its model infringes on the rights and interests of others.

Original title: "China's New Voice" received "Original Mode Certification" and misleading

Recently, news about the intellectual property dispute over "The Voice of China" has been leaked one after another. First, the Hong Kong International Arbitration Center ruled that the names of Chinese programs, including "The Voice of China", all belong to Talpa Company of the Netherlands. Then, news confirmed that the previously illegally registered trademarks related to "The Voice of China" were invalidated by the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce. Subsequently, Canxing Company, which had cooperated with Talpa Company for the first four seasons of "The Voice of China", issued a statement stating that "New Songs of China" had been registered with the Model Registration and Protection Association (FRAPA) and had an "Original Model Certification." Unexpectedly, this statement caused huge controversy at the just-held 2017 Cannes Spring Television Festival, so that the Model Registration and Protection Association (FRAPA) had to issue an official statement to clarify it and urged Star Chinese to withdraw its inappropriate remarks on model registration.

On the 6th, Tang De provided reporters with relevant FRAPA statements. Facts have proved that the materials submitted by Canxing to the Model Registration and Protection Association (FRAPA) cannot "relieve" itself, but may instead become ironclad evidence that its model infringes on the rights and interests of others.

In

April 2000, some pioneers in the TV model industry gathered in Cannes to discuss the establishment of an international organization to combat the growing phenomenon of TV model plagiarism. This is the origin of the Model Registration and Protection Association (FRAPA). The newly formed association's goals are simple and concise: to ensure that television models are respected within the industry and that program models are legally protected as intellectual property rights. So far, the association has received a total of 1200 model proposals. These model registration proposals are only open to FRAPA members. At the beginning of their establishment, they provided reliable evidence based on the paper registration mechanism: model works were not broadcast on TV and were preserved since their creation. In 2005, FRAPA expanded its registration services and launched an online digital registration service that can be applied by members and non-members.

Since the development of the online FRS system in June 2014, FRAPA no longer accepts paper model proposals. Its official website shows that if the applicant registered before June 2014, all information is kept in the archives of FRAPA. After that, applicants can register their creative works by uploading program outlines, scripts, storylines, etc. online. Registration will be approved once TV program model data is uploaded (and paid for). Applicants will receive an automatically generated certificate via email that will confirm information such as registration date, program name and program owner. FRAPA members and non-members can apply for registration through the online FRS system. Per registration: € 75 for non-members, € 20 for members.

The "Original Model Certification Certificate" is not copyright evidence.

The relevant person in charge of Tangde Film and Television told reporters that since the cooperation between Talpa Company of the Netherlands and Canxing Company (Star Chinese Media is its parent company) was duly terminated, the latter has been emphasizing that his production of "New Songs of China" is "original." Talpa noticed that this program also tried to promote the so-called original program model at last year's Autumn Television Festival in Cannes, France. For this reason, they submitted relevant infringement evidence to the French High Court of Marseille, which governs Cannes, to prohibit it. After this news was disclosed by domestic media in mid-March this year, Canxing issued a statement through official channels saying that "New Songs of China" had obtained the "Original Model Certification" issued by the International Copyright Association (FRAPA). The statement triggered an uproar in the domestic and international media. The FRAPA website posted a message on the website on March 22, 2017, specifically clarifying this matter. In response to the attention this matter attracted during the 2017 Cannes Spring Television Festival, the organization issued a media statement on April 3, urging Star Star Chinese Media, an affiliated company of Canxing Company, to withdraw its inappropriate remarks about model registration.

FRAPA's website said in a statement: It has been noted that in recent legal cases of model infringement, registered companies sometimes confuse Trademark Registering and model registration. "Trademark Registering is the final evidence that you are the sole owner and original person of a brand or logo. This is true because of the existence of a global Trademark Registering system for querying and approving trademarks. Pattern registration is different. You can register your pattern on the FRAPA Pattern Registration System (FRS), but the system will not check whether the pattern has been registered." In other words, the system does not identify the owner of the pattern or its creativity.

"New Songs of China" has just filed a record.

It is not difficult to find from the above text that FRAPA is just a non-profit organization spontaneously established by some international television people. The FRS registration certificate issued by the "Model Registration and Protection Association" obtained by "New Songs of China" only proves when the submitter submitted a variety model. This certificate cannot prove whether it is original or whether it is infringing, because "FRS does not compare registered models. Nor will models registered with FRAPA be compared with existing models."

Overseas media voices: Global model lawsuits have also increased significantly

. During various activities held recently at the Cannes International Television Festival, the famous British TV information website C21 media also made detailed reports on this copyright model dispute in China and interviewed FRAPA co-chairman Jan Salling. He said: FRAPA still wants to emphasize its "neutrality." "FRAPA's model registration system provides registrants with a specific registration date, and model registration is just one of the 20 steps for model protection that the organization recommends to companies. If we don't issue certificates proving originality, we may never issue them. Because if we did, we would have to put together all the existing (TV program) models in the world, including paper models, into a global database, which is impossible."

At the end of the article, FRAPA and Baker&McKenzie Law Firm jointly released a 2017 legal report, which showed that model-related litigation cases around the world are "increasing significantly." Jan Salling said this is due to the fact that more and more countries are starting to develop their own IP.

Editor: Nancy