Voluntary 4.5 Million Yuan Compensation: Civil Service Exam Season Faces a Copyright Test

Deep News10-17

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Spots are limited, so act fast. Let us join together for this appointment with sustainability! [Click to register] (Source: China Intellectual Property News) On October 14, registration for the 2027 national civil service examination (hereinafter referred to as the civil service exam) began. On the very same day, civil service exam training institution Beijing Hongyi Gezhi Education Technology Co., Ltd., for using mock questions without authorization and infringing the intellectual property rights of Beijing Fenbi Lantian Technology Co., Ltd. (hereinafter referred to as Fenbi), publicly apologized to Fenbi, voluntarily compensated 4.5 million yuan, and removed and destroyed the infringing products across all platforms. In response, Fenbi said it accepted the apology, the two parties reached a settlement, and it authorized the use of the relevant content.

The above apology letter, provided by Fenbi, shows that due to work negligence and management failure, the teaching materials, lecture notes, and study materials used in the paid civil service exam training courses operated by "Chaoge Civil Service Exam" under Beijing Hongyi Gezhi Education Technology Co., Ltd. contained infringing content copied, adapted, and compiled from Fenbi's mock questions; moreover, the company, through e-commerce and social platforms such as Taobao, Xiaohongshu, and Douyin, disseminated and provided to the public lecture notes and other materials containing the aforementioned infringing content by means of public sales and live-streamed teaching.

After equal, voluntary, friendly, and full consultation between the two parties, Beijing Hongyi Gezhi Education Technology Co., Ltd. voluntarily paid Fenbi a total of 4.5 million yuan in infringement compensation. This payment is a one-time final compensation for this infringement dispute and covers all economic losses caused to Fenbi by this infringement. Beijing Hongyi Gezhi Education Technology Co., Ltd. stated that the company has now completely stopped the above infringement, voluntarily removed and deleted the infringing goods and related promotional content listed for sale on all online platforms including Taobao, Xiaohongshu, and Douyin, cleared all inventory and online display links, and destroyed all infringing copies and corresponding data.

On October 14, Fenbi (02469) stated on its WeChat public account that it accepted the apology from Beijing Hongyi Gezhi Education Technology Co., Ltd., and the two parties reached a settlement in this case. In addition, Fenbi intends to make a commitment to authorize "Chaoge Civil Service Exam" to use Fenbi's question bank analyses and mock questions this year and next year; if industry players use Fenbi's analyses and mock questions, as long as the source is indicated and the number of questions does not exceed 100, they may use them free of charge.

Fenbi's response (partial), provided by Fenbi. Prior to this, Fenbi also publicly released the "Lawyer's Letter and Partial Evidence to Shang'an Village Youke Education Technology (Guangdong) Co., Ltd. (hereinafter referred to as Shang'an Village) and Affiliated Companies," accusing the other party of copyright infringement and unfair competition. The lawyer's letter shows that Fenbi accused Shang'an Village of extensively copying, adapting, and compiling Fenbi's question bank mock test questions in multiple paid civil service exam products, involving popular paid courses such as the "27 Shang'an Village Full Family Bucket" and the "2027 National and Provincial Exams · Logical Reasoning Full Family Bucket." Some test questions were highly similar to or even completely identical to Fenbi's original questions. At present, Shang'an Village has not yet made a public response to this accusation.

In recent years, as the popularity of the civil service exam has continued to rise, the marketization of public office examination training has developed rapidly, and the problem of infringement and piracy within the education and training industry has become increasingly prominent. Long Wenmao, a professor at the Intellectual Property School of East China University of Political Science and Law, said in an interview with China Intellectual Property News that original test questions and analyses are protected by copyright law. Without authorization and where the use does not fall under fair use, printing test questions and analyses as lecture notes and selling or distributing them to the public may infringe the right of reproduction and the right of distribution; producing the relevant content as videos or online courses for public viewing may infringe the right of communication through information networks; disseminating the relevant content to the public through live streaming may infringe the broadcasting right; and concealing or modifying the author's signature or distorting the content of the analyses may also infringe the right of authorship or the right of integrity of the work, respectively.

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