Translator：Wang Qiyu

On the afternoon of November 5, 2020, Senior Partner Gao Qing of Shanghai Landing Law Offices was invited by the Shanghai branch of Beijing Bank to once again step into the "Small Giant" Maker Center and present a practical seminar on "Intellectual Property Authorization Risk Management in the Cultural and Creative Industries" for the benefit of micro and small enterprises. The seminar, lasting for one hour, featured Gao providing insightful explanations through case studies, earning high praise from the attending audience.

This lecture marked the second installment of a series of intellectual property practical courses specifically designed by Attorney Gao Qing for the "Beijing Small Giant Maker Center." As internet technologies rapidly advance, the cultural and creative industries are flourishing, transitioning from traditional models to an "Internet+" approach. Intellectual property authorization serves as a key avenue for transforming creative achievements. However, disputes frequently arise due to vague or absent terms in authorization agreements. Addressing this issue, Attorney Gao shared insights into risk management within the realm of intellectual property authorization from a practical standpoint.

The seminar was structured around case studies, where Attorney Gao delivered clear explanations of key considerations in intellectual property authorization within the cultural and creative industries. Beginning with an overview of China's legal framework regarding intellectual property authorization from the perspectives of copyright, trademark rights, and patent rights, Gao then elaborated on the process of reviewing rights prior to authorization using two related cases. He emphasized the importance of conducting a rights review to ensure the legitimacy of the rights held by the authorizing party. Addressing adaptation rights disputes, Gao cautioned against exceeding the scope of authorized rights from the perspective of adaptation rights. He also clarified common terms like "exclusive license," "sole license," and "exclusive use," rectifying misconceptions related to these terms. Finally, through the case of "Fog Surrounds the City," Gao explained the issue of time limits in intellectual property authorization contracts, prompting enterprises to pay attention to stipulated timeframes in such contracts. Moreover, Gao introduced other facets of intellectual property authorization, including geographical scope and remuneration standards.

Introduction to Beijing Bank and the "Small Giant" Maker Center

Beijing Bank is a new-type urban commercial bank that integrates domestic and foreign capital. Since its establishment, the bank has achieved strategic breakthroughs in attracting investment, going public, and expanding across regions. Headquartered in Beijing, it has established over 660 branches in more than ten central cities such as Beijing, Tianjin, Shanghai, Xi'an, Shenzhen, Hangzhou, Changsha, Nanjing, Jinan, Nanchang, and Shijiazhuang, as well as in Hong Kong Special Administrative Region and the Netherlands. It has pioneered and explored innovative models for the development of small and medium-sized banks, with all operational indicators reaching an international advanced level. The bank ranks first among regional development banks in China and has been listed among the top global banks for six consecutive years.

The "Small Giant" Maker Center is the first joint innovation space for banks in the Shanghai area. It positions itself as an "incubator" plus an "accelerator," with the mission of incubating and cultivating businesses for mutual success. The center aims to provide a platform for cross-industry collaboration, resource aggregation, investment and lending coordination, and cooperative success for tech and culture-driven entrepreneurial enterprises. It explores innovative models to serve micro and small private enterprises in Shanghai.