The Chinese Basketball Association (CBA) was recently successful in a jurisdictional challenge to its copyright infringement claim relating to the unauthorised streaming of CBA basketball matches. The jurisdictional challenge was heard in the Beijing People’s High Court, which upheld a ruling in favour of CBA.
The two Defendants (Shanghai Magic Electric Information Technology and Shanghai Kuanyu Digital Technology) were sued for streaming and suspected abetting and inducing users to upload videos of CBA games. The case also addressed some competition law issues. CBA sought the equivalent of £ 50 million in damages.
The Beijing People’s High Court ruled that the £50 million claim was within the cap for an intermediate court in China (the cap is roughly the equivalent of £620million) and therefore the Beijing IP Court had jurisdiction to hear the case. The case will now proceed in the Beijing IP Court and the merits of CBA’s claims will be assessed.
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