Shanghai IP Court Upholds Copyright Protection for Cut-e Assessment Materials
The Shanghai Intellectual Property Court has upheld a copyright judgment in favour of Shanghai Kaiyi, the authorised distributor in China of Germany’s Cut-e psychometric assessment system. Intcolaw represented Shanghai Kaiyi. The court awarded a total of RMB 205,000, comprising RMB 150,000 in damages and RMB 55,000 in costs, against Beijing Dashijie and Shanghai Zhiyu for copying and distributing Cut-e assessment materials without authorisation.
The defendants sold preparation courses through WeChat accounts and a website. Notarised records, side-by-side system comparisons and timestamps from Cut-e’s system logs showed that the disputed materials reproduced tests created between 2013 and 2016.
The court held that two sets of assessment materials reproduced protected expression from the Cut-e tests. It also accepted Shanghai Kaiyi’s standing to bring the claims on the basis of Cut-e’s express authorisation.
