Friday, May 09, 2008

Business: Yamaha announces favorable ruling in China lawsuit

Yamaha announces favorable ruling and settlement in its lawsuit in China

Tokyo - Kyodo JBN-AsiaNet - The Yamaha Corporation (TSE 1st Section:7951, Head Office at Hamamatsu-shi, Shizuoka; President: Mitsuru Umemura, hereinafter: Yamaha) has announced that the Company secured a favorable ruling and settlement in its copyright infringement lawsuit in China.

Yamaha brought a lawsuit against Deli Electronics (Shenzhen) Co., Ltd. (Head Office: Shenzhen, Guangdong), a Chinese manufacturer of electronic musical instruments, and three other companies in the Beijing Second Intermediate People's Court in November 2006, regarding infringement of copyrights on accompaniment style data (hereinafter, Style Data), created
originally by Yamaha and incorporated in its electronic musical instruments.

In December 2007, the Court, after proceeding with a portion of its deliberations on evidence, issued a judgment recognizing Yamaha's claims as justifiable as regards the portion covered by its deliberations.

The Court judgment contained the following major points: (1) Style Data is intellectual property to be protected under copyright laws, (2) Yamaha holds the copyright to the 26 Style Data that were examined and deliberated, and (3) The actions ofthe defendants were violations of copyrights.

Therefore the Court ordered them to stop using the Style Data, suspend sale of products incorporating the data, pay compensation for damages to Yamaha, and apologize.

Thereafter, the defendants did not appeal and the Court's judgment was finalized. Following further deliberations, the Court issued a settlement proposal to Yamaha and the defendants. A settlement favorable to Yamaha was reached on April 29.

The Style Data copied by the defendants without authorization was contained in Yamaha's PSR-640 portable keyboard, originally introduced in 1999 and sold worldwide.

The defendants used this Style Data in their MEDELI-brand electronic musical instruments manufactured and sold in China.
Yamaha, therefore, sued the defendants on the grounds that use of Style Data was an infringement of its copyrights.

Regarding the Court judgment, Atsushi Muramatsu, General Manager of Yamaha's Legal & Intellectual Property Division made the following comment: "The judgment was the world's first affirming that Style Data is intellectual property to be protected under copyright laws and that unauthorized copying is a copyright infringement.

"Yamaha regards this judgment as epoch-making and will take a resolute stand against such infringements going forward, while continuing to respect and protect intellectual property."

Source: YAMAHA CORPORATION
Contact: Mr. Misao Tanaka Public Relations Division YAMAHA CORPORATION
Tel: +81-3-5488-6601
Fax: +81-3-5488-5060 E-mail address:
misao_tanaka@gmx.yamaha.com 17-11, Takanawa 2-chome, Minato-ku
Tokyo 108-8568 www.global.yamaha.com

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