For more than a year, the situation changed by love, raise a Babel of criticism of media stir striking one snag after another. September 25th afternoon, Shenzhen City, the appeal of the first Internet Software Infringement Dispute in Guangdong province high court intellectual property court hearing, once again attracted the attention of the media at home and abroad. And Wang Linan Shenzhen City marriage introduces the appeal agents Beijing Kyoto firm Shenzhen Branch lawyer finds love littler nature is one common pool trap, not complete or strictly sense of intellectual property disputes. Lawyer Wang pointed out that love littler reason must be preceded by the so-called first national Internet software infringement dispute is completely designed the relevant parties to press speculation of a pretext.
Lawyer Wang pointed out that love a littler since it is produced by the joint venture disputes, and, due to the cooperation of both sides in terms of cooperation the conclusion and performance of. Love a littler essence is capital network design of a consortium of trap, unscrupulous traders have premeditated plunder state-owned public service units of intangible assets and tangible property scam. This is the fact that the intellectual property disputes are covered by the truth.
One, the design of pool
The marriage is a joint venture owned public welfare, welfare services matchmaking. In the matchmaking service industry has accumulated a lot of valuable experience, mode of operation and good brand image. Created in matchmaking service for 17 years without complaint records, and in 1997, by the Shenzhen Municipal Bureau of finance, investment 50 million yuan to develop the & ldquo; network database management and matchmaking LAN query system & rdquo;, the formation of Shenzhen's largest dating dating membership database and LAN. 1998 first marriage mediated the in order to extend the scope of services, expand service object, carry forward the service brand, build Internet matchmaking website. Because Ying source company took a fancy to dating the social effect, the brand effect and matchmaking membership database, and said to use their own technology free for dating the construction of China's largest public welfare dating dating sites desire, so both sides hit it off signed the "on the introduces and cooperate in the establishment and operation of marriage a narrative intent of Internet websites.
For a service website, the source of the company is very clear that the most valuable is not their own technical advantages, but the database resources, web site to do the document content. Therefore love software patterns are complete reference matchmaking database and LAN mode on. In other words, love is the source of the company by Ying website dating on the Internet version of lan. And as a dating service site, matchmaking more web site operators provide in matchmaking services to legitimate platform and enormous brand effect, so soon became condensed the enormous popularity of popular web site one of the joint site for the love.
Dating website is built a public network space, which concern is the use function and social benefits of website; Ying, the source of the company consider more is how to use dating brand and platform to achieve future economic benefits, due to marriage where the contract, while ignoring the between the two sides on commercial and commonweal of fundamental differences, which also determines the both sides of the doomed love is a strange bedfellows with, not possible,
The results are enduring as the universe. Lawyer Wang pointed out that in the contract both sides jointly build a matchmaking for leading the service public welfare website purpose and division is clear, rights and obligations of the principal is clear, so it is valid and embodied in the contract rights and obligations has a website cooperation with licensing and software using the dual nature of the contract. From the point of view of both the actual input, matchmaking provides not only a cooperative website design, website operation document the main part and database resources, but also provides a support platform of legitimacy and huge intangible assets such as brands, on site includes software document content can enjoy the original copyright and ownership, but because the original purpose and idea is simple that can build such a loose consortium, a matchmaking website for the public service has reached their objective. The letter of intent is also a result of the agreement between the two parties at that time. After Ying source company said that this contract has some foreign litigation too briefly did not reflect their true meaning, actually has two meanings, one is the use of matchmaking platform, operation mode, document database resources and brand effect and will be the site of squat for himself, the idea is deep will may be the capital, but the initial cooperation when they cannot contract directly expressed; secondly sign a contract as simple as possible, and occupy matchmaking cooperation opportunities, after the big sites, the proportion of investment shares cost-effective way, not to mention other institutions, anyway, she also has technical advantages, as long as a good grasp of the website operation of administrative power, is not afraid of others. And the signing of the contract when the simple just may be the future & ldquo; kill a dog to bargain & rdquo; convenient chips, the simple contract has become they use dating negligence designed a foreshadowing.