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CJ Mark Application

CJ Mark Application

Content Overseas Distribution Association (CODA)
Content Overseas Distribution Association (CODA, note 1) successfully disclosed pirate copies of DVD, CD which has reproduced CJ Mark without permission for the first time with cooperation of Hong Kong Custom. So far the disclosure of pirate copies was mainly for infringement of copyright and it's the first case in the world, which performs disclosure due to infringement of Trade Mark Right by use of mark such as CJ Mark unified by industry organizations of specialized countries; CODA is devoting itself in the disclosure due to infringement of Trade Mark Right by use of CJ Mark besides infringement of copyright.
Date of disclosure: PM 5:00-6:00 20th Feb. 2008
Department of disclosure: Hong Kong Custom (Domiciliary search by 30 officers in charge)
Area of disclosure: Mong Kok in Hong Kong, Yuen Long, Wan Chai
Object of disclosure: 3 shops dealing with Japanese animation pirate copies (one shop in each area)
Achievement of disclosure: 3 male employees arrested, 10,615PCS (the amount of damage is 176,570HKD, around 2,500,000JPY according to Hong Kong Custom’s trial calculation) pirate copies confiscated(view the table bellow for details)

 Total disclosure Japan content CJ Mark Member Group CJ Mark
2,422PCS 1,089 PCS 21 PCS
10,615 PCS DVD 4,641 PCS 986PCS 653PCS 21PCS
DVD-R 1,200 PCS 1,200 PCS 200 PCS ---
CD 4,764 PCS 236 PCS 236 PCS ---

Among the pirate copies goods confiscated by Hong Kong Custom, 2,422 PCS refer to Japanese content (Anime, music, etc.), and around half of them refer to member corporations of CJ Mark Committee. All Japanese content goods of CDs confiscated referred to CJ member corporations.
Further more, among the content of CJ Mark Committee, pirate copies of DVDs “OVA KERORO”, “Toki wo Kakeru Shojo(anime edition for movie)”, “Mobile Suit Gundam SEED C.E.73-STARGAZER-”, “Inuyasha Movie: Tenka Hadou no Ken” & “Inuyasha Movie:FIRE ON THE MYSTIC ISLAND”(Related CJ Mark member corporations are KADOKAWA PICTURES, Kadokawa Shoten, Sunrise, TV Tokyo, YOMIURI TELECASTING CORPORATION) were disclosed due to infringement of Trade Mark and 21 PCS were confiscated for the first time as CJ Mark supposed to be printed on the package of legal goods was copied directly.

CJ Mark which is applied by CODA/CJ Mark Committee has been put to practical use on all kinds of Japanese content goods concerned such as anime, movie, TV program, music, game, toy, book to prove the Japanese identity of the content since 2005. By using CJ mark, it’s available to disclose pirates due to infringement of Trade Mark Right caused by illegal copy and use, and also the disclosure becomes easy and fast comparing putting infringement of copyright on record. CODA has been implementing CJ Mark registration in Japan, America, EU, Hong Kong, Korea and Taiwan, etc, considering disclosure of infringement of trademark right through CJ Mark a new solution against pirate copies problem.

(Note1) It’s a non-government organization established in 2002 responding government’s appealing in order to promote pirate copies solution of Japan content and legal goods distribution. There’re 20 groups and 22 corporations (till Feb. 2008) of Japanese content industry attached. It comprises of 3 committees including CJ Mark Committee who implemented the disclosure through CJ mark, and it’s also engaged in enforcement activities. So far, it has banned 4,985 cases, arrested 1,672 pirates and confiscated 4,056,918 DVDs and CDs (Data from Jan. 2005 to Dec. 2007 refer to http://www.coda-cj.jp/ for details), and put on infringement of copyright record.
(Note2) When it’s put on record as infringement of copyright, especially for the purpose of proving the legal right holder, investigation department requires submission of documents concerning copyright ownership such as registration, and the dissension case on copyright ownership according to lawsuit against pirates never ceases. For copyright, registration may not always be processed during practical business, as it’s prescribed in the international treaty that the right arises even though the registration is not processed, as a result it's really difficult to prove those right holders during implementing pirate copies solution oversea.