2

RANGE

ROVER

LAND WIN
D

Jaguar Land Rovers lawsuit

against Jiangling for copyright
infringement and unfair
competition
&
Chinas violation of IPR

Guangzhou motor show 2015

( )

The JLR Range Rover Evoque was introduced

in 2008 as a concept car at the North American
International Auto Show.

The Infringememts

Overall design is very similar up to the lettering.

Headlights vaguely similar.

X7 has a fake vent similar to Evoques

Bumper almost 100% copy and rear window at least 90% copy .
Lettering the same again.

Overall design very similar

Even the seats are similar

Mechanically Inferior X7

X7 is powered by a 2.0 liter turbocharged four-cylinder

petrol engine with 190hp and 250nm, mated to a 6speed manual or an 8-speed automatic.
Evoque is powered by a 2.0 liter turbocharged fourcylinder petrol engine with 237hp and 340nm, mated
to a nine-speed automatic.

CRASH TESTS

X7 failed Germanys ADAC crash test

Evoque got 5 stars in the NCAP crash
test

PRICE

LAND ROVER EVOQUE

$55000
LANDWIND X7
$22000

VERDICT
Both car's patents were ruled invalid because
the designs had been displayed before a patent
application was issued.

CONSEQUENCE
JLR will suffer minimal losses, because only
sophisticated buyers with sound knowledge
are its customers and few people are prone to
such deception

Chinas violation of IPR

China accounted for nearly 80% of all IP thefts
from U.S.-headquartered organizations in 2013,
amounting to an estimated $300 billion in lost
business.

Among European manufacturers, the loss of IP

in China reduced potential profits by 20%.

Understanding the Drivers of IP

Leakage

The Role of the State

The Role of the Global Market
The Role of Sociocultural Factors

Role of the State

China aspires to be a technology powerhouse

by 2020 and a global technology leader by
2050.
Its ambitious indigenous innovation policy goals
and explicit desire to shore up its relatively
weak innovative capacity form the strategic
foundation of this objective.
The Chinese governments plan for the
development of science and technology defines
indigenous innovation as enhancing original
innovation through co-innovation and reinnovation based on the assimilation of

Role of the Global Market

Over the past decade, FDI in China has

changed significantly, from low-cost
manufacturing to a proliferation of high-tech
manufacturing and advanced services.
In China, industry development is asymmetric,
with rapid increases at the bottom and at the
top often driven by leapfrogging of certain
development stages based on substantial
rather than incremental advances in know-how.
Staying on the leading edge is essential to
survival for local companies.
Imitating proven high-tech know-how from

The Role of Sociocultural Factors

During the Mao Zedong era (1949-1976),

characterized by Communism and widespread
poverty, property rights were stifled.This legacy
continues to shape attitudes toward IP
protection.
Chinas approach to education, which includes
an emphasis on rote memorization and a bias
for exact copies of works by experts or masters,
also plays a role.
There is a very high turnover rate for welleducated middle managers and engineers, who
are the stewards of a companys IP.

The background

At the center of the dispute was a hypothesis

presented in The Holy Blood and The Holy Grail
concerning the early Christian legend of the
holy Grail.
The core of the authors hypothesis in The Holy
Blood and The Holy Grail was that references
to the Grail in early manuscripts were disguised
references not to the chalice, but rather to holy
blood or Sang real, i.e. to the bloodline of Jesus
Christ.

In their book, Michael Baigent and Richard

Leigh argue that the Holy Roman Church and
its successors had sought to suppress this
bloodline, but that a powerful secret sect, the
Priory of Sion, was formed to protect this "grail."

Baigent and Leigh used six known

indisputable historical facts, or supposed facts,
though their conclusion was the result of
historical conjecture based on those facts.

Dan Brown is a popular fiction writer, and his

book, The Da Vinci Code, has been the number
one best-selling novel in Europe and U.S. for
months.
The Da Vinci Code is a murder mystery. It
opens with the death - in Paris Louvre museum
- of the Grand Master of the Priory of Sion,
Jacques Sauniere.
Seeking to solve his murder, the heroes of the
story are led on a Grail quest, in which they
must unravel a series of puzzles based on the
history of the Priory of Sion and on the secret
behind Christs bloodline.

There was no doubt that Dan Brown had drawn

on The Holy Blood and The Holy Grail.
Indeed, there was a clear and explicit reference
to the book in The Da Vinci Code .

Key legal issues

The court did not set out any novel legal ideas.
Instead, much of the decision was based on the
application of established legal principles to the facts
at hand.
Baigent and Leigh claimed copyright in the literary
work, and alleged that Dan Brown had copied the way
in which they had made the sequence of connections
of the facts of the merging of the bloodlines.
Since there was little copying of the actual text of The
Holy Blood and The Holy Grail, the claim was that
there had been non-literal copying of a substantial part
of their literary work.

The general principle in copyright law is that copyright

protects expression and not ideas.
Moreover, The Holy Blood and The Holy Grail is an
"historical" book, or at least it is comprised largely of
historical facts which are unprotectable ideas.
Baigent and Leigh based their case, therefore, on the
claim that Brown had taken a substantial part of the
"manner" in which they had expressed those ideas, as
opposed to taking the ideas themselves.

The Judgement

The court held that, while the evidence was

clear that Dan Brown and his primary
researcher (his wife) had drawn on The Holy
Blood and The Holy Grail to a greater extent
than Brown had acknowledged, this did not
mean that they had infringed copyright in the
book.
Rather, they had used The Holy Blood and The
Holy Grail, and other books, to provide general
background material for the writing of The Da
Vinci Code.

Significance

The significance of the case for copyright law

relates to the fact that the lawyers acting for
Baigent and Leigh attempted to make - and lost
- an argument that there can be non-literal
copying of a work of literature.
The non-literal argument has previously been
successfully used, usually in the case of
computer programs or recipes or knitting
patterns.

REFERENCES
1)Protecting Intellectual Property in China
MIT Sloan Management Review
Magazine: Summer 2014
Research Feature June 17, 2014
Andreas Schotter and Mary Teagarden
2)Copyright in the Courts: The Da Vinci Code
)
WIPO Magazine June 2006
)
Uma Suthersanen

Thank
you