Graduate Management Admission Council

Intellectual Property Protection for GMAT Upheld in China Court Ruling

    Mclean, Virginia (ots/PRNewswire) - In a precedent-setting decision released on December 27, 2004, the Beijing High Court (the highest court in Beijing, China) has ruled in favor of the Graduate Management Admission Council(R) in the Council's copyright infringement suit against the Beijing New Oriental School (BNOS). The case is one of the first intellectual property cases to be litigated in China after China's admission to the World Trade Organization and has been closely watched as an indicator of the extent to which intellectual property rights will be enforced in China.

    "We are pleased with the decision and commend the Beijing High Court for ensuring the protection of the Council's rights by enforcing the intellectual property laws of China and the international community," said David A. Wilson, president and CEO of the Graduate Management Admission Council. The Council owns the Graduate Management Admission Test (GMAT), which is the only standardized test designed specifically for graduate business school admissions. Business schools use GMAT test scores to predict academic success in the business school curriculum.

    The Beijing High Court's final decision not only recognizes the Council's copyrights under Chinese law but also helps protect the integrity of the GMAT and other standardized tests by discouraging unauthorized use of copyrighted materials throughout the world. The Court expressly recognized that the GMAT exam and GMAT questions are subject to protection under China's copyright laws and the Berne Convention, and awarded damages and other relief for the infringement of the Council's rights. In the wake of the court decision, the Council will continue to vigorously protect its intellectual property around the world.

    "This ruling is a victory not only for the Council and its fellow plaintiff, Educational Testing Service (ETS), but for all organizations that do business in China," said Wilson. "Global businesses rely on internationally accepted standards for protection of copyrighted materials."

    In the final judgment, BNOS was ordered to pay the plaintiffs approximately US$774,000 (U.S.) and to destroy all of its infringing course materials. BNOS was also ordered to publish a public apology in the Chinese newspaper Legal Daily.

    The Graduate Management Admission Council is a not-for-profit educational association composed of leading business schools from around the world committed to creating access to graduate business education.

    For more information about GMAC, visit http://www.gmac.com or contact Bob Ludwig at rludwig@gmac.com or +1-703-245-4302.

    Web site: http://www.gmac.com

ots Originaltext: Graduate Management Admission Council
Im Internet recherchierbar: http://www.newsaktuell.ch

Contact:
Bob Ludwig of Graduate Management Admission Council,  
+1-703-245-4302, or rludwig@gmac.com



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