Z.TAO win again! SM advocates “exclusive broker” was rejected

A few days ago, " Z.TAO and South Korea's SM Entertainment Limited exclusive broker," the case of new progress, the second instance court finds SM advocated "exclusive broker" does not belong to "People's Republic of China Torts Law" listed in the protection of civil Rights and interests, Z.TAO and food companies did not constitute infringement, to maintain the original verdict, the trial immediately effective. Z.TAO second instance wins again, his lawyer said: "For the outcome of the case in our expectations, we have always believed that the fair court trial will be to protect the artists and the artists have an endorsement and cooperation in the market the main legal rights. "

Recently, Z.TAO in 2015 endorsed a certain brand of food was sued SM company of South Korea and the food company infringed the SM's exclusive brokering rights and other legitimate rights and interests, the court found SM advocated "exclusive broker rights" does not belong to the "Chinese people Republic of Tort Liability Act "listed in the protection of civil rights and interests, Z.TAO and food companies did not constitute infringement, dismissed its claim. After the defeat, South Korea's SM side filed another appeal for dissatisfaction with the first instance. On August 17, the court publicly heard the case. Z.TAO lawyers and the food company's attorneys attended the court hearing and truthfully explained the fact that they legally and properly exercised their rights. On November 1, the Shanghai First Intermediate People's Court made a second instance verdict on the case and upheld the original verdict.

The victory of the second trial is of extraordinary significance to Z.TAO. Our trial system adopts the "second instance final trial system," and according to Article 158 of the "Civil Procedure Law" of our country, the judgment and ruling of the second instance people's court are final. Verdict and ruling. "Unless the losing party can provide sufficient and conclusive evidence after the judgment of the second instance, the second instance trial can be used for retrial only if there is a material error in the judgment. The verdict not only protects the personal rights and interests of Z.TAO, but also lays a good foundation for legal environment for the normal work of other artists and the effective operation of the market economy.