“Little Yellow Duck” lost the claim for copyright infringement in Guangzhou, China

05.25.2021

“Little Yellow Duck” lost the claim for copyright infringement in Guangzhou, China

Little Yellow Duck Walnut duck

The “Little Yellow Duck” copyright owner sued the Walnut duck in China for copyright infringement. The Little Yellow Duck lost the battle at the stage of 1st instance and appealed. The appeal court (Guangdong High People’s Court) upheld the 1st instance verdict and dismissed the appeal.

The court commented : Protecting copyright is to encourage creation. Over protecting would however restrict the freedom of creation. We must strike an accurate balance.

The court also commented that the Little Yellow Duck could try to enforce its rights in other kinds of Intellectual Property Laws, such as anti unfair competition and trademark infringement.