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I hate to answer this as the answer won't sound good. But based on things
observed in the past, I think:
1. B will probably skirt by with minor problems, which is why the JV was
formed.
2. For C, it depends on where the JV was formed - in China or in US.
2a. If in China, then the law won't cause C much problems much problems at
all.
2b. If in US, then C will take the brunt of the hit.
3. A will skirt with little more than bad press, which will be forgotten 2
months later. The little more might be lack of business with D, but A will
already have all of D's intellectual property and will just continue to
produce it under a newly named company E which will be wholly owned by A.
4. D will probably go after B if 2a occurs.
New international laws are trying to eliminate some of this, and may.
In the end, B and D will scratch their heads, wonder why A would do
something like this, without any inkling that just because B and D have
certain ethics that are somewhat in sync, other parts of the world have
their own ethics that may have little in common with B's or D's ethics.
Most people fail to remember, ethics isn't about right or wrong, it is about
setting standards for living and then complying with them. Hell's Angels
have a very strict set of ethics and follow them well. So does the Mafia.
----- Original Message -----
From: "Simon" <wingman1985 -at- yahoo -dot- com -dot- cn>
To: <techwr-l -at- lists -dot- techwr-l -dot- com>
Sent: Sunday, March 03, 2013 9:42 PM
Subject: Technial documentation copyright issue
I am aware of a situation like this from one of my friends:
A Chinese company (A)is having a JV (C) with another American company(B) and
the staff of Chinese company is making documentation for a kind of product
manufactured/assembled at its facility.The Chinese staff is making use of
illustration of B's competitor(D),another American company.
There are two facts:
1. B licenses C to manufacture that product at A's facility.
2. Before the JV occurs, A has a habit of blending pieces of
documentation(including illustration) of foreign companies in the same
industry.
At present, everything is fine. In the long run, will there be legal
ramifications for A and B?
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