Note: The following cease-and-desist letter is a jurisdiction-specific template grounded in the Copyright Law of the People’s Republic of China and related judicial instruments. It is provided for informational purposes and does not create an attorney–client relationship. For use in any specific matter, please engage qualified local counsel and adapt facts, deadlines, and enclosures accordingly.
[On Firm Letterhead]
Date: [●]
By Email and Courier
[Recipient Name]
[Title]
[Company Name]
[Address]
[Email]
Re: Unauthorized Use of the Copyrighted Graphical User Interface Work “澄光记事App主页” (“Chengguang Notes App Home Page”) — Formal Demand to Cease and Desist
We represent [Rightsholder’s Full Name] (“Rightsholder”). This letter concerns your unauthorized copying and use of the copyrighted graphical user interface and screen layout embodied in the work titled “澄光记事App主页” (English: “Chengguang Notes App Home Page”) (the “Work”).
1. Ownership and Registration
- The Work is an original audiovisual/graphical user interface design fixed in tangible form and protected as a “work” under the Copyright Law of the People’s Republic of China (as amended, effective June 1, 2021) (the “PRC Copyright Law”). The Work consists of the unique visual layout, arrangement, composition, visual hierarchy, iconography, typography, color scheme, spacing, and other creative expression in the home page of the “澄光记事/Chengguang Notes” application.
- The Rightsholder owns all right, title, and interest in the Work and its related rights (including rights of reproduction, distribution, exhibition, adaptation, and information network dissemination).
- Copyright registration: The Work has been registered with the China Copyright Protection Center. Copyright Registration Certificate No. [●], dated [●], evidences the Rightsholder’s authorship/ownership and the date of completion/publication. Under the Provisions of the Supreme People’s Court on Evidence in Civil Intellectual Property and Competition Cases (effective Nov. 18, 2020), a copyright registration certificate constitutes prima facie evidence of the rights claimed, absent sufficient contrary proof.
2. Infringing Conduct
- We have collected, preserved, and time-stamped evidence (including screen captures, test downloads, and notarized web evidence) showing that your product, [Infringing App/Product Name], available via [distribution channels, e.g., Apple App Store/Android app store/website URL], reproduces and makes available the protected expressive elements of the Work, including substantially identical layouts, icon sets, color palettes, navigational structure, and arrangement/organization of elements on the home page.
- Your use was and is without license or permission from the Rightsholder and is not excused by any statutory limitation or exception.
3. Legal Basis
- Protected subject matter: The PRC Copyright Law protects original works of art and graphic works, as well as other works that embody original expression. Original graphical user interfaces (GUIs) are protectable to the extent they comprise creative expression not dictated solely by function. See, e.g., PRC Copyright Law, Art. 3 (categories of works) and general principles distinguishing protected expression from unprotected ideas/functional elements; see also Beijing High People’s Court, Guidelines for the Adjudication of Copyright Infringement Cases (2018) (recognizing that original GUI elements—e.g., layout, color, composition, iconographic design—can be protected as artistic/graphic works where they embody independent aesthetic choices).
- Exclusive rights: The Rightsholder’s exclusive rights include reproduction, distribution, exhibition, adaptation, and the right of making available to the public through information networks (PRC Copyright Law, Art. 10).
- Infringement: By reproducing and distributing the Work (and substantially similar expression) within your app, marketing materials, and app-store listings, and by making it available for download/streaming to the public via information networks, you have infringed the Rightsholder’s exclusive rights (PRC Copyright Law, Art. 10; limitations/exceptions inapplicable on these facts).
- Remedies and damages: Civil remedies under the PRC Copyright Law include cessation of infringement, removal of effects, apology, and compensation for losses. Damages may be calculated by actual losses, infringer’s profits, or statutory damages where evidence is insufficient; for willful and serious infringement, punitive damages of one to five times the base amount may be awarded (PRC Copyright Law, Art. 63). Reasonable enforcement expenses (including attorney’s fees and evidence preservation costs) are recoverable.
- Preservation and injunctions: Chinese courts may grant act preservation measures (preliminary injunctions) and evidence/property preservation in intellectual property cases under the PRC Civil Procedure Law and applicable Supreme People’s Court judicial interpretations.
- Administrative and criminal exposure: The Rightsholder may also pursue administrative enforcement with copyright authorities. In egregious cases, criminal liability may attach under Article 217 of the PRC Criminal Law for copyright infringement conducted for profit and to a serious extent.
Comparative note (persuasive only): Courts in other jurisdictions have likewise recognized that GUIs may be protected by copyright when they embody original expression (see Court of Justice of the European Union, Case C‑393/09, BSA v. Ministry of Culture (2012), acknowledging GUI protectability as a “work”). While not binding in China, such authorities reflect widely accepted principles that distinguish protectable visual expression from unprotectable ideas/functions.
4. Demands
To mitigate further harm and resolve this matter without litigation, the Rightsholder hereby demands that you:
1) Immediately and permanently cease and desist from any reproduction, distribution, display, adaptation, or information-network dissemination of the Work—or any GUI substantially similar to the Work—in connection with [Infringing App/Product Name] or any other offering;
2) Within three (3) calendar days of receipt of this letter, remove the infringing app from all app stores and distribution channels under your control, disable further updates incorporating the infringing GUI, and remove infringing images/screen captures from your website, marketing, and social media;
3) Within five (5) calendar days, provide a written undertaking, signed by an authorized officer, confirming compliance with all demands herein and committing not to resume infringing conduct;
4) Within ten (10) calendar days, provide a complete, sworn accounting of:
- dates of first availability and each update incorporating the infringing GUI;
- total downloads, active users, revenues (gross and net), costs, and profits attributable to the infringing versions (by month and channel);
- all distribution partners, app stores, and URLs where the infringing materials were made available;
- design/development contractors or third parties involved in conceiving or implementing the infringing GUI;
5) Preserve all relevant evidence, including source files, design drafts, specifications, communications with contractors, app-store console analytics, server logs, and financial records relating to the infringing product. Do not delete, alter, or conceal any evidence. We reserve the right to seek court-ordered evidence preservation and sanctions for spoliation;
6) Compensate the Rightsholder for its losses and your profits attributable to the infringement, or, at the Rightsholder’s election, pay statutory damages, plus reasonable enforcement costs including attorney’s fees. We invite proposals for a monetary resolution to be submitted within ten (10) calendar days, subject to verification against your accounting and our independent analysis;
7) Deliver up for destruction or verifiable deletion all infringing materials and derivative works within your possession or control, including source code, design assets, prototypes, and marketing collateral that embody the infringing GUI, or provide an IT-forensics attestation of removal.
5. Consequences of Non-Compliance
If you fail to fully comply with the foregoing within the deadlines stated, the Rightsholder will proceed without further notice to file a civil action before a competent Chinese court seeking:
- preliminary and permanent injunctive relief (act preservation), evidence and property preservation;
- orders for cessation, removal of effects, public apology (as applicable), and destruction of infringing materials;
- damages (including punitive damages for willful and serious infringement under PRC Copyright Law, Art. 63), disgorgement of profits, and recovery of reasonable enforcement costs and attorney’s fees;
- administrative complaints to market regulators and app stores; and, where warranted, referral to public security organs for criminal investigation.
Nothing in this letter constitutes an exhaustive statement of the facts or law, nor a waiver of any rights, remedies, or claims, all of which are expressly reserved.
Please direct all communications regarding this matter to the undersigned.
Sincerely,
[Name]
[Title], [Law Firm/Authorized Representative]
On behalf of [Rightsholder’s Full Legal Name]
[Address]
[Email] | [Phone]
Enclosures:
- Copy of Copyright Registration Certificate for “澄光记事App主页” (Reg. No. [●], dated [●])
- Annex: Illustrative side-by-side comparison of the Work and the infringing GUI (for identification and notice)
