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Abonner Graduate Management Admission Council

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

Contact:

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