Legal personages believe that Ocean Land does not want to cooperate with Yu Qian, and should raise it in time. However, in the process of organizing kite activities, it is necessary to plan and implement Thousand Birds and other activities, but it refuses to pay the huge planning and creative costs of running to Thousand Birds and Yu Qian. According to China's "People's Republic of China (PRC) Contract Law", "Under any of the following circumstances, the provisions of Article 42 in the process of contract negotiation are as follows: if the other party loses due to damage, each party shall bear the liability for compensation: (1) negotiate in bad faith under the guise of a contract; (2) and (3) other acts that violate the principle of good faith ",COSCO Real Estate shall be responsible for the above-mentioned losses of Thousand Birds.
Qian Yu said that the purpose of this lawsuit is to get justice through this matter, so that more people can understand, respect and safeguard intellectual property rights and creativity, but it also proves that copying creativity is a valuable redemption of dignity.
To build a brand, the company's long-term development is the crystallization of integrity. Once the company plagiarizes, its image and brand will be destroyed. We call on all sectors of society to protect intellectual property rights and protect the legitimate rights and interests of all advertisers.
Plaintiff: Ocean Land (Zhongshan) Co., Ltd. developed by Cultural Communication Co., Ltd.
Claim Zhongshan Chiba
Defendant:
1. The defendant was ordered to pay the plaintiff the economic loss caused by the fault liability in concluding the contract: 76,970 yuan (see attached table for calculation).
2. In this case, the defendant shall bear the litigation costs.
The facts and reasons are as follows:
20 1 1 In early May, the real estate defendant was encouraged to participate in a series of activities of Ocean City International Art Festival, and then discovered the activity plan planned by the plaintiff. According to the implementation requirements of more than 20 alternative activities planned by the defendant and the plaintiff, each planning scheme mainly includes two main contents and cost estimation, and the defendant finally determined seven procedures to be implemented (kite, French Glass Rose Festival and Atlantic Balloon Festival). The kite competition can be held on June 14 and May 15, 20 1 1 day. The first program activity will be held as scheduled, and the waiting activity plan for another six weeks will be determined. Kite activity supplement, the contract was signed on May 24th of the same year, and the defendant was with the plaintiff. BR/>； On the basis of the activities carried out in the first trade practice after the signing of the first contract, the plaintiff submitted a large number of plans to print publicity and promotion activities with the defendant, which actually made the plaintiff trust the defendant's production performance. Therefore, although the defendant did not sign a contract with the plaintiff and did not pay the fee, he was ready for the competition for excellence. Actively cooperate with defendants 20 1 1 to 20 12 to 20 16. For example, the plaintiff followed up the details of the French Glass Rose Festival, and also followed up the production activities, implementation details, market research and the one-time cost estimation of the production (* * * 46,800 yuan). In the process of arranging the enrollment of students, the number of applicants, the competition budget (* * * 8 1.080 yuan) and the publicity and distribution of the draft advertising copy publicized on the registration form, the above work results have been delivered to the defendant in time.
Unexpectedly, however, the plaintiff believed that the kite successfully held by the defendant suddenly changed its previous state and strongly demanded that the plaintiff reduce the activity budget. Otherwise, the planning scheme submitted by the plaintiff will be implemented by other advertising companies to protect their intellectual achievements. The plaintiff solemnly told the defendant several times that the creative scheme submitted by the plaintiff could not be used without the plaintiff's permission, which was connivance, confusion, tolerance or hype. Only a little trimmed words indicate the plaintiff's planning scheme: Rose Festival, Hot Air Balloon Festival, Environmental Calligraphy Competition and Thousand Paintings Rolling Animation Festival, DIY of pottery appreciation for parents and children, and Hawaii Fruit Festival. The main element of the activity and structure is the plaintiff's planning scheme.
The above behavior of the defendant caused great losses to the plaintiff. As we all know, creative solutions are different from ordinary practical items. After use, the functions of the latter will not be affected even if they are resold to a third party. The most important thing about the former is its creativity, future-oriented, exclusiveness and confidentiality. The core of advertising planning, the survival of culture and media industry is creative planning. Therefore, we have to say, "Advertising companies sell creative and competitive ideas. The planning scheme is that the plaintiff and the defendant lost a lot of publicity and novelty, lost market value, and could not provide it to other interested cooperative companies, resulting in the plaintiff losing some business opportunities, and the previous labor production costs could not be recovered, resulting in the plaintiff's economic loss of 76,970 yuan.
To sum up, the defendant's negotiation under the guise of maliciously taking away the plaintiff's planning scheme violates the general principles of civil law. Article 42 of the Contract Law stipulates the name of the principle of equal compensation and good faith: "During this process, if the parties negotiate to conclude a contract, the other party shall be liable for damages: (1) A cover contract is concluded through malicious negotiation." Therefore, the defendant please support the plaintiff's claim to safeguard the plaintiff's legitimate rights and interests.
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The First People's Court of Zhongshan City, with the person you like:
June 20 1 1
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