Lawyer team

Email: tanyaowen@tenwen-lawfirm.com
Mobile No.: 13501924732

Fields of expertise:
Film and television culture investment and financing, film and television materials, performing arts brokerage, new media licensing, copyright licensing contract review

Working languages: Chinese & English
Educational background:
Master of Law from East China University of Political Science and Law, Shanghai University of Law

Work Experience:
Lawyer TAN Yaowen received his Master’s degree in law from Shanghai University Law School and East China University of Political Science and Law. He is a member of the Intellectual Property Committee of Shanghai Bar Association and a copyright agent. He was qualified as a lawyer in 1999 and has been practicing since December 2001. He is now a partner of Shanghai Ronly & Tenwen Partners. His major fields of expertise lie in the portrait and trademark infringement related to music, film, TV series, animation, animation and game characters, trademark registration, opposition and invalidation, copyright registration, design patent disputes, etc. He is adept at film and television culture investment and financing, film and television materials, performing arts brokerage, new media authorization, and copyright licensing contract review. He once received exclusive interview by "China Intellectual Property" journal. Additionally, he has published numerous professional articles in publications such as "China Intellectual Property News", "China Press Publication Radio Film and Television Journal", "IP Lead", "Shanghai Science and Technology".
 

Typical cases:

I. Chen Tao, Hu Haiquan v. Shanghai Carhua Supermarket Co., Ltd., Zhanjiang Hualijin Video Plate Co., Ltd., Liaoning Radio and Television Audio and Video Publishing House over violation of performers' rights, the case was widely covered by Xinmin Evening News, Youth Daily and other media.

2. Stellar Media Group Co., Ltd. v. China Telecom Hubei Branch, Shanghai Xinhua Telecommunication Network Information Co., Ltd. over infringement of property rights of works, it was confirmed in the case that the link maker of the agreement (cooperation) link does not apply to Article 23, the “safe harbor” clause of the Regulations for the Protection of Information Network Transmission Right.

3. Foshan Shunde Peacock Gallery Entertainment Record Co., Ltd. v. China Mobile Group Shanghai Co., Ltd., Beijing Linkrich Communication Co., Ltd., over infringement of work property rights, it was a new type of case in the field of new media (mobile phone ringtone), which was covered by "People.cn", "Shanghai Morning Post" and other media.

4. Shanghai Guanshi Culture Communication Co., Ltd. v. Beijing Huaxing Huailian Culture Communication Co., Ltd. over copyright ownership and infringement dispute of the TV series “Feng Chuan Mudan”, the case was exclusively reported by China court network.

5. Animation Int`l Ltd (SHANGHAI) v. Suning Commerce Group Co., Ltd., Fuzhou Suning Real Estate Co., Ltd., over image copyright infringement of “Doraemon”, the case was reported by Shanghai High People's Court and Xinmin Evening News.

6. CCTV International Network Co., Ltd. v. Shanghai Synacast Media Tech. Co., Ltd. for infringement of information network transmission right of “A Bite of China”.

7. Anle Film Limited v. Shanda Computer (Shanghai) Co., Ltd., Shanda Networking Co., Ltd. over infringement of property rights of the work “Huo Yuanjia”.

8. CCTV International Network Co., Ltd. v. China City United  Net TV Co., Ltd. over copyright infringement and unfair competition of the 2014 Brazil World Cup match programs, the case was selected as a Typical Case of Intellectual Property Rights of Shenzhen Intermediate People's Court, Guangdong Province in 2015, it was the first effective judgment on the nature of live sports events broadcast by TV stations in China.

9. Animation Int`l Ltd (SHANGHAI) v. Qinhuangdao Runqin Real Estate Development Co., Ltd., over the image copyright infringement of “Doraemon”, the case was selected as the Top Ten Typical Cases of Intellectual Property Rights Judicial Protection of Hebei High People's Court in 2015.

10.Successfully applied for China Famous trademark for Hebei Jinyin Musical Instruments Manufacture Group Co., Ltd.

Clients:
Shanghai Push Typhoon Co., Ltd., EMI GROUP HONG KONG LIMITED Taiwan Branch, Rock Records Co., Ltd., B'IN MUSIC INTERNATIONAL LIMITED, WARNER MUSIC HONG KONG LIMITED, Foshan Shunde Peacock Gallery Entertainment Record Co., Ltd., Anle (Beijing) Film Issuance Co., Ltd., Stellar Media Group Co., Ltd., Beijing Rosat Movie & Tv Art Co., Ltd., Beijing Baination Pictures Co., Ltd., Beijing Ciwen Pictures Co., Ltd., Beijing Star Image Media Cultural Communication Co., Ltd., Shanghai Yuancun Movie Industry Co., Ltd., Guangdong Weijia Film Media Co., Ltd., Shanghai Guanshi Culture Communication Co., Ltd., CCTV International Network Co., Ltd., Animation Int`l Ltd (SHANGHAI), Hebei Jinyin Musical Instruments Manufacture Group Co., Ltd., Castel, Shanghai Liying Culture Media Co., Ltd., Shanghai New Culture Investment Fund, Shanghai Ouying Cultural Creativity Co., Ltd., Shanghai Yubo Medical Technology Co., Ltd., etc.

Papers & Monographs:

1. "Animation image rights protection, how to prove ownership?" "Whether sports event program an electronic work or a video recording?" Published in “China Intellectual Property News”

2. "Unveiling the cloak of 'technological neutrality'", published in "China Press Publication Radio Film and Television Journal"

3. "Analysis on the judgment of the substantial similarity of animation images", published in “IP Lead”.

4. "Exam Guide Book Plagiarism Questions Answering", "Questions and Answers on Attention Matters of Cartoon Image Authorization", published in "Shanghai Science and Technology"

5. "Whether permission is needed - copyright issues related to the change of Chinese terms addressing grandma", "A Brief discussion of 'Performers' rights'," A brief discussion of the principle of exhaustion of distribution rights", "Network Protection of live broadcasting rights of sports event", "Conflict between copyright and trademark rights of animation Images", posted in Sina Weibo.