Dacheng Attorneys Help Acquire Pre-litigation Injunction for the Qians’ Letters Auction Case

On May 27th 2013, Attorney Wang Dengshan, senior partner of Dacheng, entrusted by Yang Jikang (whose pen name is Yang Jiang) the applicant, applied to Beijing No. 2 Intermediate People's Court for a pre-litigation injunction against copyright infringement of Beijing Sungari International Auction Co., Ltd. and Li Guoqiang.
 
Having accepted the application, Beijing No.2 Intermediate People’s Court held several court discussions and issued a civil ruling of a pre-litigation injunction on June 3rd 2013, in which it was ruled that Sungari should stop infringing copyright of manuscripts of Qian Zhongshu, Yang Jiang and Qian Yuan’s letters.
 
The court’s ruling affirmed that, whereas Yang Jiang definitely opposed making the works involved public over which she owned the copyright, Sungari’s plan to exhibit the letters and put them under the hammer, as well as its duplicating and publishing of or plan to duplicate and publish the letters are acts of infringement on Yang’s publication right, reproduction right and publishing right, which will incur irreparable harm to the copyright owner. It also pointed out that no one, including the addressees of the letters and those who have obtained the manuscripts through rightful means, when disposing of the manuscripts, should not infringe the legitimate rights of the copyright owner. It is said that this is the first pre-litigation injunction issued by the court since the latest Civil Procedure Law took effect.
 
Mr. Wang Dengshan as the entrusted attorney for Yang Jiang worked whole-heartedly to fully protect the legitimate rights of his client. His hard work was recognized and highly praised by Yang Jiang—a centenarian and famous Chinese literary giant. So far, a periodical victory has been won regarding the injunction.