BEIJING, April 23 /PRNewswire-Asia/ -- CGPA officially replies as follows, in response to the press release of Think Services on April 8, 2009 (http://www.china.gdconf.com/TS_Response_Letter_to_CGPA_4.8.09_PR.html ) and would like to raise four questions to Think Services for the answers.
We are glad that Think Services, in its press release on April 8th, readily acknowledged what China Game Publishers Association (CGPA) has done for the rapid growth of the country’s game industry. CGPA, of course, will continue its mission, leading the industry, under the guidance of the relevant authorities, toward the right direction and steady development. As a
non-profit organization, CGPA organizes the CGDC (China Game Developers Conference), first and foremost, to establish a platform for Chinese game developers to communicate with foreign experts and enhance their technology and know-how. But, unlike businesses, none of these efforts is made for profit. In response to the recent invalid accusation by Think Services of CGPA’s monopoly, as well as its groundless claim concerning CGDC infringing upon its intellectual property rights (which unfortunately has been wildly disseminated by Think Services on the news media under its control), we’d like to raise the following four questions. We are sure that the international game industry, global media and the public, like us, all expect Think Services to give an honest and clear reply to them.
I. Why does Think Service publicly discredit the authority of CGPA and the
conference it hosts (CGDC) across the world, while it does not own the
registered trademark of "Game Developers Conference" in China?
As is widely known in the international game industry, CGPA is a legal and duly registered association in China and the CGDC hosted by CGPA is an event duly approved by the Chinese government and strongly supported by several government entities in China, as well as dozens of trade associations and agencies of China and abroad. The First CGDC, which was held in Shanghai in 2007, was a huge success.
However, since it was announced that the Second CGDC was to be held, Think Services has been openly abusing CGPA and its CGDC that it was an infringement of their intellectual property rights. CGDC never uses "Game Developers Conference" for its trademark or logo, instead, it uses a literal translation of its Chinese name ("China Game Developers Conference"), and a logo which is completely different from the one used by GDC. Moreover, the legal affairs department of the Organizing Committee of CGDC has consulted with the Trademark Office of State Administration for Industry and Commerce of P.R. China, who specifies that a generic name like "China Game Developers Conference" shall not become a trademark. In other words, the CGPA can very well use this name for a relevant event, which will not in any way be an infringement upon the English trademark (Game Developers Conference(R)) held by Think Services in the US. In fact, in line with the above, applications by Think Services to register "China Game Developers Conference" in both Chinese and English have been rejected several times by the Chinese authorities. (Please refer to http://www.chinagdc.com.cn/en/news_show.asp?id=168 ).
To clarify the truth, CGPA has, by way of the news media, asked Think Services to furnish evidence that would support its claim that CGDC is infringing upon its intellectual property rights, be it legal documents or court decisions. If Think Services does furnish the above, CGPA is willing to change the name of CGDC. But until now CGDC has not seen any document whatsoever provided by Think Services; on the contrary, Think Services has groundlessly and continuously publicly discrediting CGPA through the media controlled by it. To protect the rights, CGPA and other organizing parties reserve their rights to take action on Think Services through a legal process. CGPA would like to call on Think Services to furnish the relevant documents to the legal affairs department of the association (please contact the legal advisor to the Organizing Committee of CGDC Mr. Ma Yuntao, E-mail: yuntaom@163.com). If Think Services cannot, please stop publicly discrediting the authority of the CGPA and CGDC.
II. Who is the organizer of the First CGDC?
As for this, it has been fully explained in one of our news reports (http://www.chinagdc.com.cn/en/news_show.asp?id=164 ), in which photos, publications and three-party agreements were provided. All of them point to the fact that the event in 2007 is the First China Game Developers Conference (CGDC), rather than the Game Developers Conference China (GDC China) as Think Services claimed. We are glad that Think Services respects the truth and admitted that it was a Strategic International Partner during that event. Of course, such a position does have its significant function of the First CGDC, and we felt honored to have Think Services as the Strategic International Partner then. However, Think Services should admit and stay contented with this: it is factual and clearly stipulated in the agreement. And the organizers of the first CGDC were Howell and IDG.
III. Who infringed upon whose intellectual property rights of CGDC?
As mentioned above, in the First CGDC, the three-party agreement provides that IDG and Howell International Trade Fair Ltd. (Howell) are organizers of the conference while Think Services was invited to be the Strategic International Partner of it. The relations between the three of them are clear and definite: without doubt IDG and Howell, as the organizers, are entitled to all the intellectual property rights related to the First CGDC.
However, Think Services has, in spite of the above facts and customs in international cooperation, used, without consent or authorization from the CGDC organizers, photos, information concerning the speakers, Advisory Board and the participants’ data to promote its GDC China 2009. Though it was merely a Strategic International Partner in the CGDC 2007, it is now accusing the real hosts of infringing upon its "rights". If we follow this logic, then wouldn’t the Olympic Games’ intellectual property rights be owned or shared by its partners such as Coca-cola, GE, Johnson & Johnson, Kodak, Lenovo, McDonald’s, Manulife, Omega, Panasonic, Samsung and VISA without getting the authorization from Olympic Committee? We believe the game industry and the media, like us, all want to know the truth and would like Think Services to explain: how can there be a Second GDC China if there is no First one?
IV. Who is undermining fair competition?
In spite of what Think Services has said, the game industry, no matter in America or other parts of the world, is far from the rosy picture Think Services has painted. This is based on what CGPA saw, heard and most importantly experienced. On the contrary, CGPA sees that game developers events in many countries across the world have one by one fallen subordinate and affiliated to GDC. If Think Services’ business expansion is based on the principle of fairness and equality, there is no reason for us to oppose it; however, we strongly oppose its efforts to, under the cover of protecting intellectual property rights, achieve global monopoly. Unfortunately, this is exactly what we have experienced in our partnership with Think Services: if CGDC doesn’t yield to the terms set by Think Services, then it will be suppression on account of infringing upon its intellectual property rights. In fact, it was because of the unconscionable terms laid down by Think Services that CGDC ended the three-party partnership with it. Actually, the same thing happened in America. If this is the fair and cooperative competition that it advocates, then there is no other way to understand it but "submitting to Think Services".
CGDC has always upheld the principle of fair competition and would be more than glad to share what the Chinese market has to offer with game companies all over the world, but everything should be done fairly. Yet it is certainly against this recognized principle that Think Services sent a lawyer’s letter to LOGIN and IGDA and forced them to terminate their cooperation with CGDC. (http://lobby.loginconference.com/profiles/blogs/ubm-demands-removal-of-cgdc , http://www.gamesindustry.biz/articles/igda-backs-down-on-china-gdc-row )
It is the hope of CGPA that Think Services comes to realize the gravity of the issue, and, based on the principle of truth, clarifies the confusion it has brought about in the industry. It is also hoped that it will take back the lawyer’s letter sent to LOGIN and IGDA (which, in the name of protecting intellectual property rights, asks both of them to stop their cooperation with CGDC). Last but not least, Think Services should stop discrediting CGPA and CGDC and make a written apology to the international partners of CGDC (LOGIN and IGDA).
We would also like to take this opportunity to express our gratitude to those overseas game companies and their executives for giving full support to CGDC, including Microsoft, SCEI, Nintendo, Intel, AMD, nVidia, EPIC, Nokia, EA, Blizzard, Ubisoft, THQ, Take2, NCsoft, NHN, Nexon, etc. They not only sent senior technology experts and game producers to take part in the Advisory Board, who helped with deciding the conference program and topics, but also recommended the renowned game producers from their global studios to speak at the conference. We would like to thank them for their support of the CGDC, which will in time prove to be great contribution to China’s game industry. (http://www.chinagdc.com.cn/en/hy_gwt.asp?PID=12 )
The CGDC has already started its Call For Papers, and professionals and experts from China or overseas are welcome to file their speech applications. The deadline is May 5. (http://www.chinagdc.com.cn/en/news_show.asp?id=132)
Audience registration to the CGDC (organized by Howell International Trade Fair Ltd.) has also started (http://www.chinagdc.com.cn/en/news_show.asp?id=173 ). For the restraint of space, a fixed number of passes will be available. Registration forms can be downloaded at http://www.chinagdc.com.cn/2009down/Audience-register-en.pdf .
Program & Topics download:
http://www.chinagdc.com.cn/2009down/CGDC-program-en.pdf
Official Website: http://www.chinagdc.com.cn
Useful References:
http://www.chinagdc.com.cn/en/news_show.asp?id=175 ; http://www.chinagdc.com.cn/en/news_show.asp?id=174 ; http://www.chinagdc.com.cn/en/news_show.asp?id=173 ; http://www.chinagdc.com.cn/en/news_show.asp?id=172 ; http://www.chinagdc.com.cn/en/news_show.asp?id=168 ; http://www.chinagdc.com.cn/en/news_show.asp?id=167 ; http://www.chinagdc.com.cn/en/news_show.asp?id=164 ; http://www.chinagdc.com.cn/en/news_show.asp?id=163 ; http://www.chinagdc.com.cn/en/news_show.asp?id=159 ; http://www.chinagdc.com.cn/en/news_show.asp?id=157 ; http://www.chinagdc.com.cn/en/news_show.asp?id=154 ; http://www.chinagdc.com.cn/en/news_show.asp?id=146 ; http://www.chinagdc.com.cn/en/news_show.asp?id=145 ; http://www.chinagdc.com.cn/en/news_show.asp?id=136 ; http://www.chinagdc.com.cn/en/news_show.asp?id=132 ; http://www.chinagdc.com.cn/en/news_show.asp?id=131 .
For more information, please contact:
For content of the conference
Ms. Cecillia Cao
Tel: +86-10-5165-9355 x12
Email: cecillia_cao@howellexpo.com
For marketing and media cooperation
Mr. Shawn Luan
Tel: +86-10-5165-9355 x19
Email: shawn_luan@howellexpo.com
For sponsorship and conference passes
Ms. Odier Gao
Tel: +86-10-5165-9355 x11
Email： odier_gao@howellexpo.com
Ms. Stella Peng
Tel: +86-10-5165-9355 x16
Email: stellapeng@howellexpo.com
Mr. Calvin Li
Tel: +86-10-5165-9355 x31
Email: joycalvin@howellexpo.com
