What are the problems in the operation of Hilton Wuhan Optics Valley?

Engineering design drawings can also lead to intellectual property disputes, and the first Hilton stall in Hubei will be in trouble!

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202 1-03- 19 10:3 1:52

Hilton Wuhan Optics Valley is the first Hilton Hotel in Hubei Province and enjoys a good service reputation in the industry. However, the hotel engineering design caused intellectual property disputes.

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Because Shanghai Dujian Architectural Design Office Co., Ltd. (hereinafter referred to as Dujian Company) and former employee Ling Moumou used their own copyrighted engineering design drawings without authorization, the hotel design unit East China Architectural Design and Research Institute Co., Ltd. (hereinafter referred to as East China Design Institute) sued them to the court. Recently, the Shanghai Intellectual Property Court made a final judgment on the case and upheld the original judgment, that is, the drawings used by Dujia Company in the official account of WeChat "Dujia Design" did not constitute an infringement of the copyright enjoyed by East China Design Institute on the design drawings of the project involved, but the series of publicity of Dujia Company easily misled the public to regard Dujia Company as the design unit of the Hilton Wuhan Optics Valley project, and linked its design capability with the performance of the Hilton Wuhan Optics Valley Hotel. So as to improperly strengthen its competitiveness in market selection, and this misleading propaganda behavior constitutes unfair competition. And each company needs to compensate East China Design Institute for economic losses totaling 6 1.45 million yuan.

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In fact, it is not uncommon for engineering design copyright disputes caused by employee turnover. In this kind of cases, the parties often have great disputes about whether the design involved is a legal person's work or a job's work. In this regard, Zhao Hu, a partner of Beijing Wen Zhong Law Firm, said in an interview with China Intellectual Property News that because designers play a leading role in design drawings, it is more appropriate to classify them as special types of work.

Lead to signature difference

East China Design Institute was established in 1993, and its business scope includes architectural engineering design, municipal engineering design and special design of landscape engineering. Dushe Company was established in 2004, and its business scope covers architecture, planning and design, art design and enterprise marketing planning. Ling Moumou is a former employee of East China Design Institute. He joined in July 2004 and left in February 2002 from 2065438. Ling signed a labor contract with Dushe Company on February 24, 20 12 after leaving the company, and the contract stipulated that Ling's position in the company was the chief architect.

On February 20 10, East China Design Institute, as the designer, signed a construction design contract with the third party Wuhan Eco-city Country Garden Investment Co., Ltd. (hereinafter referred to as Country Garden Company) for the Hilton Wuhan Optics Valley Hotel project, stipulating that Country Garden Company entrusted the designer to undertake the design of the Country Garden Convention Center Hotel in Wuhan Eco-city and delivered the construction drawing design documents. Annex I to the contract is the List of Main Designers, in which the chief designer is Ling Moumou. Huadong Design Institute believes that Dujia Company uses the engineering design drawings and architectural works of Huadong Design Institute online on WeChat official account, official website and Ling Moumou's official account materials, knowing that Huadong Design Institute is the designer of the project involved and enjoys the right of authorship, the author identity of Huadong Design Institute is not indicated. In the article of Ling Moumou, the official account of WeChat, the defendant signed "Dujia Design" on the engineering design drawings and architectural works of East China Design Institute in the form of picture watermark. The defendant's behavior was suspected of infringing the right of authorship of East China Design Institute, and he should bear the legal responsibility of stopping the infringement, eliminating the influence and apologizing, so he appealed to the Yangpu District People's Court of Shanghai (hereinafter referred to as Yangpu Court).

In the first trial, the original defendant and the defendant disagreed on whether East China Design Institute had the right to sign the engineering design drawings. East China Design Institute claims that the engineering design of Hilton Wuhan Optics Valley is a legal person's work and enjoys complete copyright. The defendant believes that the engineering design drawings belong to special work, and the right of signature does not belong to East China Design Institute.

In this regard, Yangpu Court held through trial that, according to the second paragraph of Article 16 of the Copyright Law, engineering design drawings created mainly by using the material and technical conditions of legal persons or other organizations and under the responsibility of legal persons or other organizations belong to works of special duties, and the author enjoys the right of authorship, while other rights of copyright are enjoyed by legal persons or other organizations. Based on this, the engineering design drawings involved in the case constitute works of special duties, and the author who made the drawings enjoys the right of signature, while East China Design Institute does not, but they all set up companies, which constitutes unfair competition.

After the judgment of the first instance, both East China Design Institute and Dushe Company refused to accept the appeal. The Shanghai Intellectual Property Court made the above judgment after hearing and upheld the judgment of the first instance.

Define the type of work

Then, in such disputes, how to define whether the design drawings are legal person works or job works?

"Engineering design drawings should belong to a special type of work." Zhao Hu said that according to the relevant provisions of the copyright law on legal person works and job works, the key to distinguishing legal person works from job works lies in the following: legal person works emphasize that legal person or unincorporated organization presides over and represents its will, and legal person plays a decisive role in the direction and development of the works at this time, and the natural person who completes this will has no originality or low originality; Job works emphasize the creation of employees to complete their own tasks, and employees often have the final decision on the works at this time, and the process of creation more reflects the creator's own thoughts and will. From this point of view, for engineering design drawings, design drawings ultimately reflect the designer's creative achievements. The creative activities carried out by designers with their own professional knowledge and design concepts more reflect the designer's dominant position in the works, rather than simply working according to the orders of the unit.

In similar cases, although it is difficult for the parties to claim to protect their signature rights, are there other legal protection channels? In this regard, Zhao Hu believes that there are still many disputes caused by similar personnel changes. Therefore, in order to protect their intellectual property rights, enterprises should not only strengthen the monitoring of external infringement, but also impose strict restrictions on their employees, such as signing non-competition agreements and confidentiality agreements. In case of similar work or the disclosure of business secrets of the unit, the relevant units can investigate the responsibility of the defaulter accordingly, do well the safeguard measures for the protection of relevant information in advance, and also make up for the possible losses caused by the infringement.

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