BBC NEWS    BBC Sport >>   Graphics version >>   Change to UK edition >>
News Front Page | Africa | Americas | Asia-Pacific | Europe | Middle East | South Asia | UK | Business | Entertainment | Science/Nature | Technology | Health | Talking Point
Business Contents: E-Commerce | Economy | Market Data
Tuesday, 21 January, 2003, 13:16 GMT

Lego defeats the Chinese pirates

Danish toy-maker Lego Company has won a landmark court ruling in China to protect its copyright against fake versions of its famous brick-shaped toys.

The Beijing High People's Court ruled in favour of Lego in a court battle which began in 1999 after Lego spotted made-in-China copies of some of its castles and pirate ship designs.

Lego said it was "the first time that the Chinese legal system has delivered a judgment that confirms copyright protection of industrial design/applied art".

China pledged itself to uphold international patent laws when it joined the World Trade Organisation in 2001 after 13 years of talks in which China's lax copyright protection system often proved a sticking point.

'Remarkable ruling'

The court ruled that Coko Toy Company, based in the northern Chinese city of Tianjin, must halt production of the items and turn over its moulds to court officials to be destroyed, said Lego.

Coko was also ordered to publish an official apology in the Beijing Daily newspaper and pay a fine to Lego, the Danish firm said.

"This is a remarkable ruling, which is sure to play an important role in the future as more and more companies currently have to watch copies of their products being sold in China," said Lego's lawyer Henrik Jacobsen.

In a BBC interview, Mr Jacobsen declined to say how much compensation Lego would receive, though he described the fine as "pocket expenses".

The ruling found Lego's copyright over 33 out of 53 items in the case had been infringed.

Lego is known for aggressively defending its copyright to the stick-together bricks, whose success with children is partly a consequence of their simple design.

Still suing

Lego said it was currently pursuing legal actions in Norway, Finland and Denmark against importers of copy products from the same Chinese firm.

China's authorities have worked hard to create a framework of laws to protect intellectual property rights, part of wider efforts to promote the authority of the courts in commercial disputes.

Despite substantial progress, foreign analysts say there are still major problems enforcing central government policy in China's huge provinces.

Double protection

The Beijing court judgement makes it possible to gain "double protection" under Chinese law, Lego said on its website.

It allows the company to register its designs as well as gaining copyright protection for the products involved in the court case.

Lego is not the only producer of children's toys and entertainment to encounter problems in China; boy wizard Harry Potter also fell under the fakers' spell.

Last year, a copycat Harry Potter novel circulating via Beijing street markets sparked a complaint from the agents for author JK Rowling.


Related to this story:
Fake Harry Potter novel hits China (04 Jul 02 | Entertainment) China's women fight kitchen culture (02 Feb 02 | Media reports) Warning over fake cigarettes (11 Jul 02 | England) EU cracks down on fake goods (20 Jan 03 | Business)


Internet links: Lego
The BBC is not responsible for the content of external internet sites
News Front Page | Africa | Americas | Asia-Pacific | Europe | Middle East | South Asia | UK | Business | Entertainment | Science/Nature | Technology | Health | Talking Point
Business Contents: E-Commerce | Economy | Market Data

^^ Back to top | BBC News Home | BBC Homepage | Feedback | ©