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The long-standing litigation dispute between Fuxin Software and Kingsoft Office Software has made new progress. Recently, Fuxin Software released a notice on the progress of the lawsuit, stating that the first instance of the infringement case against Kingsoft Software has been pronounced. The announcement shows that Kingsoft Office and Zhuhai Kingsoft Office Software Co., Ltd. have been ruled against and must immediately cease the infringement, apologize, and compensate Fuxin Software for economic losses and reasonable expenses incurred to stop the infringement, totaling 10 million yuan, from the effective date of the judgment.

First instance compensation of 10 million yuan related to PDF software infringement dispute

At the end of 2019, Fuxin Software discovered 35 Kingsoft PowerWord software published on Kingsoft Office's official website, Kingsoft PowerWord's official website, and third-party download sites, which used Fuxin Software's PDF technology to achieve Kingsoft PowerWord's "export PDF document format" function. Fuxin Software believes that the "Fuxin PDF Engine" is its core technology, and the research and development process requires a lot of manpower and material resources, resulting in significant costs. The practice of Jinshan Office seriously infringed on one's own interests, so they filed a lawsuit with the Fuzhou court, requesting that Jinshan Office immediately stop the infringement, publicly apologize, and compensate the plaintiff for the losses.

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After the court accepted the case, Fuxin Software applied to add Zhuhai Jinshan Company as a co defendant. Finally, the first instance judgment made by the court was: Beijing Kingsoft and Zhuhai Kingsoft shall immediately cease infringement from the effective date of the judgment, that is, to stop using copies of the software copyright infringing on the "Fuxin PDF Generation and Development Package" in the "Kingsoft PowerWord" software, and to stop distributing infringing "Kingsoft PowerWord" software on internet platforms; Within ten days from the effective date of the judgment, Beijing Jinshan and Zhuhai Jinshan publicly apologize to Fuxin Software and compensate Fuxin Software Development Co., Ltd. for economic losses and reasonable expenses incurred to stop infringement, totaling 10 million yuan.

A lawyer from a certain law firm stated in an interview with reporters that Article 14 of the Computer Software Protection Regulations stipulates that "software copyright shall arise from the date of software development", and Fuxin Software enjoys full copyright over the "Fuxin PDF engine" and "Fuxin PDF generation and development package". From the results of the first instance, it can be seen that the actions of Jinshan Office and Zhuhai Jinshan Company violate the relevant provisions of the Copyright Law and the Computer Software Protection Regulations, and are considered infringing acts. The infringement should be stopped and the relevant losses compensated.

The two giants have had multiple battles over computer software and need to pay attention to intellectual property rights

Regarding the dispute over the use of PDF technology, Fuxin Software has been entangled with Jinshan Office related companies for a long time. As a leading enterprise in the field of domestic office software, Jinshan Office and Fuxin Software had a cooperation in their early years.

In November 2011, Fuxin Software signed a "Software Cooperative Development Technology Agreement" with Zhuhai Jinshan, with the cooperation project name of "Office Document Format to PDF Document Format". As the business of the two companies continues to expand, there have been numerous disputes surrounding PDF technology. In 2016, Fuxin Software filed a lawsuit against Zhuhai Jinshan Office Software Co., Ltd. for unauthorized use of the "OFFICE document format to PDF document format" development results. In the final judgment of the Supreme People's Court in 2021, the latter

Sentenced to compensate 1.5 million yuan for economic losses.

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According to the data, among the first instance cases accepted by the Shanghai Intellectual Property Court in 2022, there were 4288 technical cases such as patents, computer software and technical secrets, accounting for 98.84%. There are many cases involving chips, new materials and other key fields and key core technologies. It can be seen that the intellectual property rights in the computer software domain knowledge is an important issue for enterprise development.

Lawyers have stated that the case between Fuxin Software and Kingsoft Office is a first instance judgment and has not yet reached a final verdict. There is still a possibility that Kingsoft Office may appeal to a higher court. With the increasing demand from both sides for new product research and development, strengthening human resource capabilities, and continuously upgrading global management, the competition between the two giants over intellectual property rights may continue.

Software or source code, annotations, website addresses, and other forms of authorship, software registration certificates, certification from certification agencies, agreements in development contracts, and rights holder declarations that comply with the rights holder's practices are all strong evidence for intellectual property owners. In the process of innovative operation, enterprises should attach importance to the retention of evidence, and at the same time, technical means can be used to regularly monitor key behaviors, fix infringement evidence in a timely manner, and do a good job in protecting intellectual property rights Enhance the competitiveness of enterprises The lawyer stated that.

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