According to the China Trial Publicity Network, artist Wang Junkai took the A-share veteran pharmaceutical company Zhendong Pharmaceutical (300158.sz) to court due to a dispute over image rights, which attracted market attention. The trial was held on January 8.
Recently, according to the 21st Century Business Herald, a relevant staff member of Zhendong Pharmaceutical said, "The case in which Wang Junkai was sued over a dispute over portrait rights has nothing to do with Zhendong Pharmaceutical. It was caused by the (pharmacy) store for some purpose of publicity and sales. Zhendong Pharmaceutical has not authorized or approved this behavior, and the company does not have (pharmacy) stores."
The plaintiff in this case, Wang Junkai, is a mainland Chinese film and television actor, pop singer, and leader of the male singing group tfboys. The defendants include Guizhou Yipin Pharmaceutical Chain Co., Ltd. 501 Branch, Shanxi Zhendong Anxin Biopharmaceutical Co., Ltd., Shanxi Zhendong Pharmaceutical Co., Ltd., and Xiajiang. According to previous media reports, Shanxi Zhendong Pharmaceutical Co., Ltd. is an A-share listed company Zhendong Pharmaceutical, and Shanxi Zhendong Anxin Biopharmaceutical Co., Ltd. (referred to as "Anxin Biopharmaceutical") is a wholly-owned subsidiary of Zhendong Pharmaceutical. Also named as a defendant is the 501 branch of Guizhou Yipin Pharmaceutical Chain Co., Ltd., whose person in charge is Xia Jiang, who is the chairman, general manager and actual controller of Guizhou Yipin Pharmaceutical Chain Co., Ltd.
The reporter checked the official website information of Zhendong Group (Shanxi Zhendong Health Industry Group Co., Ltd.) and learned that Zhendong Group was founded on October 1, 1993, starting from oil trading; it transformed into pharmaceuticals in 2002, and became the first GEM listed in Shanxi Province in 8 years company. Zhendong Group covers four major sectors: "Chinese and Western pharmaceuticals, health functional foods, health care products, and Chinese medicinal material cultivation", including Changzhi Zhendong, Datong Taisheng, Tunliu Wuhetang, Taiyuan Anxin, Chinese medicinal material development, decoction piece technology, Wuhe Medical It has 8 major industrial enterprises including health care and health care, with 32 subsidiaries and 3 major R&D platforms. Its food safety has passed the international haccp certification, and its product testing has passed the international cnas certification (the test results of drugs, health functional foods, and Chinese medicinal materials are internationally recognized ) health industry group with total assets of 13.7 billion yuan. It is reported that the company owns Dafeixin, an anti-hair loss and hair growth brand, and the industry speculates that this infringement may be related to this product.
According to Beijing Business Daily, in response to this infringement, the reporter contacted the relevant person in charge of Zhendong Pharmaceutical. The other party said that the company’s advertisements have been reviewed, and this incident was caused by a store (Guizhou Yipin Pharmaceutical Chain Co., Ltd. 501 Branch) ) edited a picture by myself.
How much compensation does an artist usually receive when suing for infringement of portrait rights? Xiaoxiang Morning News·Morning Video reporter compiled and found that the general compensation amount ranges from 30,000 yuan to more than 300,000 yuan. In 2022, Wang Junkai won the first instance of the online infringement liability dispute case against Yiwu Xiaoyuer Stationery Co., Ltd. The court ruled that Xiaoyuer Stationery Company issued a statement to apologize to Wang Junkai and compensated for economic losses of 340,000 yuan. On June 6, 2023, the legal documents of the first instance of the online infringement liability dispute between Di Lieba and Guangzhou Yongquan Trading Co., Ltd. were made public. The defendant Yongquan Trading Company used the plaintiff's name and photo in its online store "Original Gold Yongquan Store" without the plaintiff's consent, and used it for publicity in the form of a brand spokesperson, infringing the plaintiff's right to portrait and name. . Dilireba must be compensated 50,000 yuan and publicly apologize.
Xiaoxiang Morning News reporter Chen Shixian comprehensively reported
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