'Bird's Nest' fireworks spark ongoing IPR lawsuit

The world was impressed with the opening ceremony of the 29th Olympiad in Beijing on Aug 8, with dazzling fireworks in the sky above the Beijing Olympic National Stadium (or Bird's Nest). So were many fireworks companies, which see the Bird's Nest as a huge business opportunity.

The Beijing Panda Fireworks (Group) Holding Co Ltd is one of them. Without considering the intellectual property issues, it has developed a Bird's Nest-named fireworks product, which looks very much like the unique figure of the stadium in discharge. The fireworks company has also developed a firework named the National Aquatics Center (Water Cube). It dreamed of brisk sales revenue despite the global economic slowdown, said the Beijing Times.

Six months later, after the Beijing Olympic Games, a lawsuit seeking 4 million yuan in compensation woke up the Beijing company, which is now accused of violating copyright law by the Olympic National Stadium Co Ltd, added the Beijing newspaper.

The Olympic National Stadium filed a lawsuit against Beijing Panda Fireworks (Group) Holding Co Ltd, together with three other relevant companies, accusing them of illegally using its Bird's Nest copyright. The Beijing Intermediate People's Court has accepted the case.

The other companies were Liuyang Panda Fireworks Co Ltd, Beijing Panda Fireworks Co Ltd and Beijing Chengguan Xunda Motorcycle Components Store.

Pan Di, general manger of Beijing Panda Fireworks, said she has not been informed of the lawsuit, according to the Beijing Times.

"In this particular period, all relevant departments, including the juridical department, will not provide details to the media," she was quoted by the Beijing newspaper as saying.

Since the start of the New Year holiday, some fireworks named the "Wonderful Bird's Nest" were available on the domestic market. Discharge of the fireworks can shape a bowl in the sky, looking like an "air Bird's Nest". These kinds of products sold well during the New Year and Spring Festival holidays this year.

The Beijing Panda Fireworks (Group) Holding Co Ltd is responsible for supervising the manufacture of "Wonderful Bird's Nest". The Liuyang Panda Fireworks Co Ltd in central China's Hunan province was the manufacturer and Beijing Panda Fireworks Co Ltd and Beijing Chengguan Xunda Motorcycle Components Store were the retailers.

The Olympic National Stadium Co Ltd's accusation against the four companies for abuse of the Bird's Nest copyright could also cast a shadow on the forthcoming China Firecrackers Festival and Fireworks Industry Expo.

The three-day event is expected to start May 22 in Liuyang city of Hunan province, according to the China Liuyang Fireworks Network, an official website run by the local government.

Industry experts say the Bird's Nest case will sound an alarm to participants in the event and all the country's related businesses.

The Olympic National Stadium Co Ltd said Beijing Panda Fireworks and the other companies tried making use of the popular Bird's Nest name for promotion of its fireworks sales.

"We have informed these four companies of their abuse of our copyright of the Bird's Nest, but didn't receive any positive response from them," a statement from the Olympic National Stadium said.

So far, the National Aquatics Center has not filed a lawsuit against the four companies over their similar product named the "Water Cube".

The Beijing Times said the Beijing Administration of Industry and Commerce executed an examination of the Beijing Panda Fireworks' warehouse in the Fangshan district of Beijing late last year and found some "Ao Yun (or Olympic)" fireworks. As a result, the administration punished the company with a 1,000 yuan fine.

However, Pan Di denied that report, according to the newspaper.

Editor's note: The IPR Special is sponsored by the State Intellectual Property Office and published by China Business Weekly. To contact the Intellectual Property Office, the IPR Special hotlines are 8610-64995422 or 8610-64995826, and the e-mail address is ipr@chinadaily.com.cn.

(China Daily 03/30/2009 page11)