<br>Legal Network reporter Zhou Fen cotton<br> <br>Today, China's late famous poet, writer and translator, social activist Bing Xin's three children, Wu Ping, Wu Bing, Wu Qing, on certain media and Beijing Lok Yuan Tang Biotechnology Limited without their consent, in advertising use Bing portrait of complaints filed in the Beijing Dongcheng District People's Court. They asked the court shall sentence the two defendants to the plaintiff apology,http://www.54qingdao.com/home.php?mod=spacecp&ac=blog&blogid=, compensation for damages to the plaintiff one million yuan a whole and assume the case costs.<br> <br>Cause: a paper advertising<br> <br>October 11, 2011, a newspaper published a full-page entitled "Beijing cardiovascular, diabetes, hypertension patients note" describes gold tea capsules ads in prominent "Listen to what to eat 'tea gold prime 'people how to say ", the published Bing's portrait, next monologue is claimed to be" ten Chaoyang District, Beijing Jiuxianqiao neighborhood aunt, "the introduction,scarpe hogan, said he admitted to hospital due to cerebral hemorrhage in 2006, although no cause illness life , but left a serious side-effects, side of the body symptoms, numbness in the left side branch body, hands and arms can not flexion and extension. After taking tea gold pigment,http://www.ciscoclub.com.cn/home.php?mod=spacecp&ac=blog&blogid=, blood vessels began to be clear,louboutin pas cher, and later hand can grip things, finger can be bent.<br> <br>Three plaintiff evidence; that the accused infringer<br> <br>Today in court, one of the plaintiffs took out Wu Ping Bing published in the newspaper Portrait of original photos, as one of the evidence presented to the court to prove that the newspaper portrait is a photograph of Bing Xin old age. Plaintiff lawyer Yang Zhao Yang Zhao whole whole also submitted two other evidence to the court. A letter is to prove that Bing Bing Department three children and mother (female) relationship, in addition to a newspaper that was published in the original advertisement. Yang Zhao full name, they found that after an investigation, in advertisements Tea Kim Su said the Department of the Chinese Association of cerebral vascular heart key recommendation, the language used is "treatment, clinical efficacy," and so on, indicating that the product is medicine, but ad Only one free phone call approved by the State Food and Drug regulatory authorities,piumini moncler, but did not indicate the approval number, in the relevant state organs can not be verified, the illegal products.<br> <br>Eight defendants evidence: to prove himself legitimate<br> <br>Two agents of the media commission submitted to the court eight Evidence: Media Ads revised edition single, space-time Beijing Hengyuan Advertising Co., Ltd. business license, Beijing Yue Yuan Tong sales agent qualifications and disclaimers, China cerebrovascular Association proof, Taizhou Hua Zheng Rong Hong Biological Technology Co., Ltd. and its business license tax registration certificate, as well as food hygiene licenses.<br> <br>Yang Zhao full name, after their investigation, the advertising department accused Beijing Yue Yuan Tong Company produced sales of products within the scope of a number of Beijing media published the product advertising, without allowing the plaintiff in the advertisement Bing Portrait of use,http://my.5754.cn/home.php?mod=spacecp&ac=blog&blogid=,doudoune moncler soldes, and be a pseudonym propaganda, causing very bad influence on society, spiritual cause significant harm to the plaintiff.<br> <br>It is understood that Bing is the world by their peers, the party and the people gave a high evaluation of her, called her "an outstanding Chinese literary masters of the twentieth century, a loyal patriot, famous social activist, a close friend of the Communist Party of China. "Bing is one of the new literary movement veteran,http://www.booherdirect.com/cgi-bin/commerce.cgi, died before 1999, Bing insisted literature seventy five years, creating a variety of" Bing body "of literary style,http://www.chinahip-hop.com/home.php?mod=spacecp&ac=blog&blogid=, modern literature were solid practice. China has at least three generations of readers affected by Bing "to the young reader" and her award-winning works, many works have been translated into many foreign languages publishing, enjoys wide popularity and high prestige in the world.<br> <br>Focus: Are Illegal<br> <br>Yang Zhao full name, the behavior of the defendant's violation of Article 100 of the Civil Code stipulates: "Citizens enjoy the right of portrait without his consent, for commercial purposes may not use a citizen's portrait." Violation of the "Supreme People's Court No complaints about Zhou Haiying Shaoxing Lu Yue Jewellery portrait rights violations case the reply should be accepted" and "Supreme People's Court on the trial of defamation cases to answer a number of issues," the provisions of the Fifth ask.<br> <br>Yue Yuan Tong defendant not yet reached the courts. Agent Media Yue Cheng Law Firm, said Li Bin, accused at the time of issue advertising,hogan outlet, and advertising company signed advertising contracts according to the law, to sue the operators business qualification has been verified, the operators of the advertising agency qualification has been verified, involved Ads by Beijing Tong Yuan music produced by the company, the defendants have been necessary for the advertising content of the audit, it is the behavior of legitimacy. In advertisements "tea gold element" food not drugs,http://store.shopping.yahoo.co.jp/mamapan/vege-powder.html, the plaintiffs alleged that the department "drug" argument does not hold. Bin stressed that the advertiser has the right to cooperate with the media, there are contracts between advertisers and its long-term cooperation of the media, though the contract did not indicate the price, but also fax the text, but it is industry practice,http://forum.fineartprinter.de/activity/activity, it is in a period of time after settlement of.<br> <br>Beijing Foreign Studies University professor who WU Ping-sheng air and said: "without the consent to use my mother's portrait, also posing with the others, even that there is no wrong!"<br> <br>This is a portrait of disputes involving celebrities, whether the legal basis of its claim price, how the person has died or without the right of portrait and published advertisements media to avoid lawsuits,http://carnetsdesante.fr/spip.php?article695, are the focus of our attention.<br> <br>Today, the court conducted a major exchange of evidence, there is not much debate, the judge considers the case involved jurisdictional issues, we need to study and then fixed.<br> <br>Legal Daily will do the follow-up reports.<br> <br> Share: welcome to comment I want to comment<br> Microblogging Recommended | today's hot microblogging (edit: SN026)<br>
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