Animation adaptation and licence contracts

By He Jing and Dong Xue, AnJie Law Firm
0
2102

China’s animation industry is experiencing an unprecedented IP upsurge, with capital flooding into the market. The rights holder has to adapt to China’s legal environment and approach the terms in the licence contracts intelligently.

何菁 HE JING 安杰律师事务所合伙人 Partner AnJie Law Firm
何菁
HE JING
安杰律师事务所合伙人
Partner
AnJie Law Firm

Q: How are animation commercialization rights granted in China? A: Certain courts have recognized the right of commercialization as a right of a copyright holder or trademark holder, but China is not a case-law country and these judgments themselves have been criticized as “judges making the law”. At the legislative level, “the right of commercialization” has yet to be expressly enumerated as a right of copyright holders and/or trademark holders, and in practice and theoretical circles, a consensus as to the concept of the “right of commercialization” has yet to form.

When carrying out commercialization licensing, best efforts should be made to specify in detail the contours of the right that is being licensed, e.g. the name, image, lines, etc. of the animated character; and to describe the type of product licensed, e.g. toys, stationery, bags, glasses, etc., including their dimensions, material, colour and quality. It should also be particularly stated whether internet-related products are included within the scope of the grant of rights, e.g. emoji in apps.

You must be a subscribersubscribersubscribersubscriber to read this content, please subscribesubscribesubscribesubscribe today.

你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章,欢迎成为我们的订阅会员成为我们的订阅会员

He Jing is a partner and Dong Xue is an associate at AnJie Law Firm

Anjie Logo

北京市朝阳区东方东路19号院5号楼

亮马桥外交办公大楼D119邮编: 100600

19/F Tower D1, Liangmaqiao Diplomatic

Office Building, 19 Dongfang East Road

Chaoyang District, Beijing 100600 China

电话 Tel: +86 10 8567 5988

传真 Fax: +86 10 8567 5999

电子信箱 E-mail:

hejing@anjielaw.com

dongxue@anjielaw.com

www.anjielaw.com