Recently, Guangzhou Intellectual Property Court made a second-instance judgment on the case of Jin Yong v. Juvenile here, and found that the defendant constituted copyright infringement and unfair competition. This intellectual property case, which lasted for seven years, was amended in the second instance because it did not constitute infringement, which caused widespread concern and controversy in the academic and industrial circles about the creative boundary of the works of the same person.

　　The so-called fan works generally refer to new works created by using the same or similar characters in existing works. Teenagers here (hereinafter referred to as "Here") is an online literature created by dozens of people of the same name in Jin Yong’s works, such as Guo Jing, Huang Rong and Ling Huchong, and the plot is the story of youth on modern campus. When it was published in 2002, the book was promoted with the subtitle "The University Life of the Condor Heroes". In 2016, the Tianhe District Court of Guangzhou accepted Jin Yong’s lawsuit, which was considered as "the first case of a fan’s work".

　　The judgment of the second instance is the first in China to confirm that Jin Yong’s novel "Portrait of People" is protected by copyright, which breaks through many people’s understanding of the boundary of copyright protection. Some people even think that this may "subvert the whole fan culture industry".

　　Fan fiction’s Teenagers Here, 2002 edition.

　　Cold case of works twenty years ago: Jin Yong sued fan fiction for plagiarism.

　　Back in 2000, Richard, who graduated from Peking University, decided to create a novel featuring characters in many works, such as Legend of the Condor Heroes, Eight Dragons, the legendary swordsman and The Condor Heroes, when he was abroad. This novel, called Here, takes the virtual Bianjing University in the Jiayou period of the Song Dynasty as the time and space background, and tells the youth campus stories of Guo Jing, Ling Huchong, Qiao Feng, Yang Kang and Duan Yu. The characters in the book are similar to those in Jin Yong’s novels, with some similarities and some differences, and the story content is modern narrative. For example, Guo Jing, a freshman in chemistry department, ran into Huang Rong, a freshman in physics department, by bike, and then fetched water, cooked rice and took out the garbage for him every day, and finally got married. Duan Yu launched a series of pursuits for Wang Yuyan from a single-parent family without success.

　　Originally published on the Internet, "Here" won the favor of the publishing house, was first published in 2002, and was promoted with the subtitle "The College Life of the Condor Heroes". In 2009, under the guidance of the Chinese Writers Association, China Writers Publishing Group, Novel Selection Magazine and Chinese Online jointly held the "Ten Years Inventory of Network Literature", and Here won the top ten outstanding works. Yang Zhi, whose pen name is "Jiangnan", was famous all over the world for a time. By the time of prosecution, Here had been published in several editions and distributed in millions of copies.

　　In 2016, Jin Yong sued the Tianhe District Court in Guangzhou, claiming that the names of the characters described in Here are all derived from the above four works, and the relationship between the characters, their personality characteristics and story lines are substantially similar to those of his works, which is plagiarism, infringing on his rights of adaptation, authorship, protection of the integrity of works, commercialization of characters, etc., and based on the high popularity of his works, Richard’s misappropriation of the original elements of the above works has made great profits and hindered.

　　The case of Jin Yong (real name: Cha Liangyong) v. Jiangnan attracted attention in the intellectual property field in that year. Many scholars wrote articles to express their views on whether the elements in Jin Yong’s novels used in Here were copied from Jin Yong’s works.

　　The recognized formula for identifying infringing works is "contact+substantial similarity". As a fan of Jin Yong, there is no doubt that Richard came into contact with his works. Then, the identification of "substantial similarity" of works becomes the key.

　　As for what constitutes "substantial similarity", the courts of first and second instance all analyze the "overall character image composed of characters’ names, personality characteristics, relationships and other elements, and related storylines" prosecuted by Jin Yong.

　　First of all, in terms of the plot, the courts of first and second instance all think that Here does not constitute substantial similarity.

　　According to the court of second instance, plot is one of the three basic elements of a novel, which is usually composed of many elements, such as the setting of characters, the relationship between characters, scenes, clues to the development of stories and so on. The plot can be either a relatively abstract story summary or a more specific detail presentation. If the specific plot is original and fully described, it can become the object of copyright law protection. The abstract plot may be an unprotected "thought" or a protected "expression".

　　The court of second instance held that, compared with Cha Liangyong’s four works involved in the case, the plot of Here is different in time and space, and the clues and events that promote the development of the story, the design and arrangement of specific story scenes, the internal logic and causality of the story are all different, so the expression of the two does not constitute substantial similarity. Therefore, the copyright of the corresponding storylines in Cha Liangyong’s four works involved in the case was not infringed.

　　The differences in the first and second trials are as follows: Is the "overall character image composed of characters’ names, personality characteristics, relationships and other elements divorced from the story" an expression protected by copyright? That is, if the three are not protected, even if they are the same or similar in the works involved, will they constitute infringement?

　　A follow-up version of "The Boys Here"

　　First instance: abstract formal similarity will not lead readers to have similar appreciation experience.

　　According to the dichotomy of thought and expression, copyright law has a basic theory: "not protecting thought, only protecting original expression of thought". "That is to say, for the names, personality characteristics and relationships of characters in literary works, it is either thought or expression. If it is brought into the plot, it is part of expression. If it is not brought into the plot at all, it is thought." Wang Qian, a famous intellectual property scholar and professor of East China University of Political Science and Law, introduced.

　　In relevant judicial precedents, names and titles of works do not constitute original expressions, works and are not protected by copyright law. Wang Qian wrote in the Course of Intellectual Property Law that "the simple combination of words, words and vocabulary that exist alone should remain in the public domain and become the basic materials for creation". A typical case is that CCTV produced a documentary with the same name as the book China on the Tip of the Tongue and was sued for infringement. The court held that the title itself did not contain any ideological content, did not meet the requirements of the originality of the work, and was not a special expression of the author’s thoughts, so it was not protected by copyright law.

　　An industry consensus is that people’s names are not copyrightable. The same is true of the relationship between characters. In the previous case of "Zhuang Yu v. Jing M.Guo", the judgment held that "simple character characteristics, such as the appearance, personality and quality of the characters, or simple character relationships, such as the relationship between lovers and mother and daughter, all belong to the public domain, and do not belong to the object of copyright law protection."

　　The court of first instance of Here held that "in the field of literary creation, the articles and works take novels as an example, and their contents are mainly composed of three elements … … It is often difficult to form a specific expression without the simple elements of the name, relationship and personality characteristics of the specific story. "

　　The judgment of the first instance quoted Professor Wang Qian’s opinion in the article "A Preliminary Study on Copyright Infringement of Fan Works" (published in China Copyright, No.3, 2017). "Only using the role names, simple gender characteristics and simple relationships between roles extracted from specific plots is more to identify symbols, and it is difficult to form a substantive similarity with the original works."

　　In an interview with The Paper, Wang Qian further explained, "Just pick a passage from Here and rename it one by one. Huang Rong changed to Zhang San, Guo Jing changed to Li Si, Qiao Feng changed to Wang Wu, etc. After the role name was changed, I don’t believe that any reader will think of Jin Yong’s novels after reading it. This shows that the only connection between Here and Jin Yong’s works is the name of the characters, with some generalized characters and relationships, which should be regarded as unprotected thoughts. "

　　In order to explain the typical performance of copyright infringement, Wang Qian also cited the previous "Qiong Yao v. Zheng Zheng case" as an example. "Yu Zheng’s script uses a completely different character name from Qiong Yao’s novel, but the main plot is the same. Anyone who has seen Plum Blossom Branding and then goes to Palace Lock Together knows that this plot comes from Plum Blossom Branding. This situation is infringement. "Here" is just the opposite. As long as the name of the character is changed, all its connections with Jin Yong’s novels are completely cut off, so it does not constitute infringement. "

　　The court of first instance held that "Here" and Cha Liangyong’s works only have abstract formal similarities in the names, relationships, personality characteristics and story plots, which will not lead to the same or similar appreciation experience for readers, and they do not constitute substantial similarities.

　　This is in line with the views of many experts: the characters, personalities, relationships and other elements belong to the category of public materials and cannot be monopolized. Only when these elements are fully, clearly, concretely and uniquely described in a series of stories, can they be protected by copyright law.

　　The court of first instance, while finding that Here does not constitute copyright infringement, held that it violated the Anti-Unfair Competition Law, and sentenced Richard and the sued publishing house to pay Jin Yong 1.68 million yuan and 200,000 yuan in legal fees according to 30% of the publishing royalties of Here over the years.

　　Brief introduction of Taobao about the book.

　　Subversive judgment: the overall character image is recognized as a protected "expression"

　　After the judgment of the first instance, both Jin Yong and Yang Zhi refused to accept the appeal. During the second trial, on October 30, 2018, Mr. Jin Yong died in Hong Kong, and his heir Lin Leyi participated in the lawsuit. Five years later, on April 23, 2023, Guangzhou Intellectual Property Court ruled in the second instance that Here constituted copyright infringement and unfair competition, and maintained the total amount of compensation of 1.88 million yuan.

　　The court of second instance held that "in this case, most of the characters’ names in" Teenagers Here "came from Cha Liangyong’s four novels involved in the case, and there are many similarities in the characters, relationships and backgrounds of the main characters. Although it is difficult to say that a single character image has been fully and uniquely described, on the whole, the group image composed of more than 60 characters, such as Guo Jing, Huang Rong, Qiao Feng and Ling Huchong, reflects Cha Liangyong’s choice and arrangement in the name, personality characteristics, relationship and background of the characters, and can be considered as fully described and concrete enough to form a structure with strong logical connection among internal elements, which is protected by copyright law & Expression ’ 。” Furthermore, it is concluded that "Here" plagiarizes the names, personality characteristics and relationship of characters in Jin Yong’s four works, which is prohibited by copyright law.

　　In fact, after the first-instance non-infringement judgment was issued, there were different voices. For example, three lawyers of Beijing King & Wood Law Firm, Sun Mingfei, Gui Hongxia and Tao Tao, wrote in the media "Intellectual Property" that the characters in literary works are original expressions protected by copyright law. "As far as characters are concerned, a single character name or a character with simple personality and interpersonal relationship obviously cannot constitute the protection object of copyright law. However, when people mention a character’s name, what they really want to convey is the plump character … … Copyright law protects not monotonous characters’ names, but three-dimensional and plump characters. As mentioned above, these characters are an important part of the original expression of the plaintiff’s novels. The later citation, no matter whether the words used are Guo Jing, jing elder brother or Guo Daxia, as long as the details including the relationship between characters and the plot are enough to make the audience’s mind emerge with rich original expressions of specific characters in the original work, they will enter the prohibited scope of the copyright of the original work. "

　　However, in the opinion of some experts, copyright protection of "group portraits" and "character images" is a kind of "subversion" and "breakthrough".

　　Tao Gan, director of the Intellectual Property Innovation and Competition Research Center of China University of Political Science and Law, thought that if the roles in literary works were protected separately, it would violate the basic jurisprudence of the Copyright Law. Characters in literary works are different from cartoon characters and movie characters, and their shaping needs to be mapped in readers’ minds through the author’s literal description, which is difficult to separate from thoughts. Therefore, the role divorced from words, plots and scenes cannot exist independently of the work.

　　Zhang Hongbo, Director-General of the Literary and Art Association, believes that if the characters and relationships in the works of the same person are identified as the objects of separate protection by copyright law, many works of the same person and new works created by rational use of existing works will easily be accused of infringement, which will have a very terrible social effect.

　　"This is the first China court to recognize literary works ‘ Group portraits ’ In response to the judgment of the second instance, Jin Shui, an intellectual property legal worker, published an article in the Economic Observer, saying that the judgment of this case may subvert the entire cultural industry of the same people. "After the names of characters in literary works are protected by copyright law, how much space is left for the public to use freely?

　　In the above seminar, Zheng Xiqing, an assistant researcher at the Institute of Literature of China Academy of Social Sciences, said, "It is common in the history of world literature to use pre-existing characters and storylines like fan fiction and re-imagine stories on the basis of them. If fan writing is characterized as plagiarism, then the history of literature is full of plagiarism. "

　　Zheng Xiqing introduced that there are spontaneously established "re-creation organizations" abroad. They use the term "transformational writing" to refer to fan literature, emphasizing that fan’s re-creation of plots and characters in existing literary works belongs to adding new content or adaptation on the basis of the original work, rather than copying and repeating without innovation, that is, rational use, which does not belong to infringement of intellectual property rights.

　　He Hong, director of the Network Literature Center of the Chinese Writers Association, said that fan writing is an important phenomenon in the whole literary creation. Jin Ping Mei can be regarded as the fan fiction of Water Margin, and online works such as Tales of Charm, The Story of Wukong and The Diary of Friar Sand can all be classified into the category of fan writing. The interactive characteristics of online literature promote the development of fan writing. Even in an extreme sense, the future literature may no longer be a single text, but an infinitely extended text network.

　　Balance of interests: prosperity of cultural undertakings and "non-stop infringement"

　　It is worth mentioning that the controversial judgment of the second instance has also given full consideration to the development of fan literature industry.

　　While finding that Richard and others constituted copyright infringement and unfair competition, the court of second instance did not decide to stop the infringement and apologize in accordance with the statutory tort liability, nor did it decide to stop publishing Here and destroy the inventory as in the first instance. It also supported that Here could be reprinted by paying financial compensation to Jin Yong’s heirs. According to the proportion of the elements used in Here in Jin Yong’s complete works, the specific compensation standard is determined as 30% of the reprint royalty income as appropriate.

　　In this regard, the court of second instance explained that "protecting the interests of creators and disseminators of works is the direct purpose of copyright law, but promoting the development and prosperity of scientific and cultural undertakings is the ultimate purpose of copyright law. When the direct purpose conflicts with the ultimate goal, the emphasis on the direct purpose should give way to the realization of the ultimate goal. Knowledge has historical inheritance, and any knowledge is both the final product and the intermediate input. For literary creation, imitation and reference have always been common means, no matter ancient or modern, Chinese or foreign. Therefore, the way of civil liability for literary works cannot be generalized to stop infringement, and it is necessary to carefully consider the case and fully balance the interests of all parties. "

　　The Paper noted that in the appeal of the second instance, Jin Yong mentioned that Here violated his right to commercialize the characters in famous works. "Cha Liangyong created Guo Jing, Huang Rong and other classic characters with original character setting, story and language. With the wide spread of the works, these characters are deeply rooted in people’s hearts and have formed a solidified image in readers’ minds, which can exist to some extent without the specific story of the original. Because of this, they are reproducible and deductive, and also have high commercial use value. "Here" uses these famous characters for publishing without permission, which is a typical commercial use. " However, the court of first instance held that the copyright law does not have the protection of "the commercialization right of characters" and did not support this request.

　　The courts at both levels recognized that when The Here was first published in 2002, it was subtitled "The University Life of the Condor Heroes", and its own works were directed at Cha Liangyong’s works, with the obvious intention of attracting readers to gain benefits through the influence of Cha Liangyong’s works. Therefore, Richard’s behavior is unfair, which deviates from the business ethics recognized by the cultural industry and should be prohibited by the anti-unfair competition law.

　　Wang Qian still reserves his opinion on the judgment of the court of second instance that the infringement does not stop, which balances the interests of all parties.

　　"Here does make use of the popularity of the characters in Jin Yong’s novels, but using popularity and using works are two different things, not a concept. Due to the use of popularity ‘ Hitchhiking ’ The problem can be solved through the anti-unfair competition law, not the issue to be discussed in the copyright law. "

　　At the seminar of the China Literature and Art Association mentioned above, the Chairman of the Copyright Committee of the China Branch of the International Intellectual Property Protection Association (AIPPI) introduced that in the United States and Canada, the principle of judicial treatment of the role of a fan’s work in local laws and regulations is usually regarded as "Fair Use" or "Fair Dealing", that is, "fair use" or "fair use". However, there are corresponding restrictions under certain circumstances. For example, the name of a persona has been registered as a trademark, which can be protected by the Trademark Law, but it is still outside the scope of copyright regulation.

　　Li Yang, a professor at the School of Civil and Commercial Economics of China University of Political Science and Law, also believes that the really controversial issue in this case is — — If the content of Jin Yong’s lawsuit is not protected by the Copyright Law, can it be protected by the Anti-Unfair Competition Law as a commercialized right? In this regard, he advocated the "policy theory of intellectual property law" and advocated that many factors should be comprehensively considered, such as whether the plaintiff advocated the protection of commercialization elements, and whether it paid corresponding labor and investment; Whether allowing the defendant to "hitchhike" will seriously harm the interests of the plaintiff; Prohibiting the defendant’s "hitchhiking" behavior will seriously damage the defendant’s freedom of expression and economic activities. In short, "we should not oversimplify it, but take into account the relationship between monopoly and competition, and reasonably balance the interests of the obligee and the public." Li Yang said.

　　The Paper noted that the court of second instance also rejected the appellant’s request for apology. "There is no evidence that his behavior has had a bad influence on the reputation of the copyright owner of the above works. As far as unfair competition is concerned, Richard’s unfair competition will indeed lead to public confusion, but the infringement is not serious enough to make an apology, and publishing a statement is enough to eliminate the adverse effects. " The judgment is written.

After waiting for three years, China citizens finally ushered in the resumption of outbound travel. Where do you want to travel most in the new year? Some people say that no matter where you go, as long as you can go abroad for a walk; Some people say that I want to go to America, and I haven’t seen my daughter for three years. Some people say that they want to go to the French Disneyland and fulfill their desire to travel around the world …

After a two-month user survey, combined with the travel content and data of over 100 million users in the platform, Poor Travel Network released "China People Who Can Play: Great Insights into Chinese Travel in 2022" (hereinafter referred to as the "Report") today. According to the report, after the announcement of the policy of orderly resuming China citizens’ outbound tourism, more than 90% of users plan to travel abroad within one year, and their willingness to travel within six months has increased by 25.9%. Once you travel, 62% of users will travel for more than 10 days.

In the past year, the length of a single domestic trip by poor tourists increased significantly, and the number of people who chose outdoor travel and parent-child travel doubled compared with 2021.

More than 90% of the respondents plan to travel abroad this year, and they are most concerned about the ticket price.

Poor tourists who are used to flying around the world have always been looking forward to outbound travel. In 2022, 75.4% of poor tourists will still pay attention to overseas travel related content when browsing travel raiders.

Since the release of the new policy, the search for related overseas destinations and overseas hotels in poor travel websites has increased by more than 400%, and the search for "visa" related content has increased by 280%. Before and after the policy, the time when travelers plan to travel has changed significantly. More than 90% of users plan to start outbound travel in 2023, and the number of users who choose to travel within half a year has increased by 13.9% to 38.5%. Followed by travelers who travel within 3 months, accounting for 23.1%; There are also 12% users who will use the Spring Festival holiday to restart their outbound travel in January.

In recent days, countries’ entry policies for China tourists have attracted much attention, which coincides with the results of this report. Travelers are not only concerned about the high air ticket cost, but also about the flight change and whether they are infected with COVID-19. The proportion of people who are worried about the segregation policy of entry destinations is 33.8%, ranking second.

More convenient outbound travel conditions directly affect the travel time of travelers. According to the report, the data of travel within 10 days has risen to 48%, and 52% of travelers will start long-term travel for 10 days or more as long as they go out. 6.3% of travelers plan to travel for one month or more.

The report shows that natural scenery, sacred land tour, exotic culture, food shopping and interest themes are the most anticipated outbound travel themes for poor tourists. Among them, the desire for characteristic culture and interest themes has increased obviously, and it has become more and more people’s choice to appreciate the customs of different countries or to go overseas to rock climbing, surfing and other holy places from their own interests. In 2023, Thailand, Japan, Spain, France, the United States, Italy, Germany, Canada, the United Kingdom and Australia ranked in the top ten.

Domestic travel costs 5000-9000 yuan per person.

The past year has not been easy, but the traveler’s heart remains the same. 93.2% of the respondents believe that travel is a very important and indispensable part of their lives, and more than 60% of the respondents hope to release their inner feelings through travel and fulfill their long-cherished dream of traveling.

The report shows that 51.5% of travelers traveled twice or more in 2022, and the number of users who traveled more than four times still exceeded 20%. 67.2% of users will plan their travel itinerary half a month or more before departure. On the whole, the duration of users’ single trip increased significantly, mainly in 3-5 days, accounting for 59%, up 13.9% year-on-year. In addition, the proportion of single trips lasting 6-9 days and more than 10 days also increased, by 8.5% and 4.4% respectively.

In terms of travel expenses, 51.6% users keep the original budget unchanged, and 21.4% users are willing to increase their expenses to get a better travel experience. Among them, spending more money to eat and live well has become the first choice for over 70% of travelers. The average per capita spending of domestic travel is 5,000-9,999 yuan/person, accounting for 29.3%, and 12.6% of travelers spend 10,000 yuan or more per person. Accommodation, food and transportation are the main expenses of travel, accounting for 35%, 23% and 21% respectively.

Travelers prefer to explore treasure destinations.

How can I travel? Poor tourists gave their own answers. In the past year, Zhou Bianyou, local food, culture and art, outdoor travel and parent-child travel have become the favorite theme games for travelers. It is worth noting that parent-child travel has entered TOP5 for the first time, becoming the choice of more families with children. Natural scenery tour, historical and cultural experience and theme park experience are the first choices for parent-child travel. In addition, outdoor travel has increased significantly, and hiking, camping and cycling are popular among outdoor enthusiasts.

At present, there are various life sharing platforms, but for travel, the travel strategy platform and traveler are still the most inspiring, accounting for 89.7% and 61.9% respectively. The factors that really stimulate travelers to travel are more from the unique beauty of the destination, followed by their own interests, and local customs and culture, special accommodation, film and television planting are ranked 3-5.

Among the top ten popular destinations in China, Hangzhou, Chengdu and Beijing rank among the top three, and some destinations have successfully caught the attention of travelers. Lijiang, which is known as the "Gusu on the Plateau", Suzhou, which monopolizes two "Four Gardens in China", Macau, the world food capital, and Dali, which is thought by countless people as "poetry and distance", are all on the list.

In addition to these well-known destinations, many domestic treasure destinations have been explored by travelers this year. Pu ‘er, which has no severe cold in winter and no intense heat in summer, is the fastest-rising destination in China, and Yanji, which has countless authentic Korean cuisines, is known by more people and ranks second. Chaozhou not only has delicious food and tea, but also attracts people with its profound history and culture. Qiandongnan, where 48 ethnic minorities live, provides travelers with unlimited cultural experience.

In terms of domestic annual hot spots, Erhai Lake has become a haunting place in the hearts of many people, ranking first. The Palace Museum, West Lake, Hongyadong and Daocheng Yading followed closely. The legendary Yulong Snow Mountain, the incarnation of the "Three Flowers" of the Naxi people, attracted more tourists to punch in, and the Duku Highway became a must-see for travelers in Xinjiang.

In 2022, many old scenic spots turned red. The Summer Palace, Dianchi Lake and hulun buir grassland occupy the top three scenic spots with the fastest rising heat. Blue Moon Valley, with the reputation of "Little Jiuzhaigou", soared to the fourth place, and Zhaoxing Dong Village, the first village in Dong Township, attracted people’s attention, while Jinchang "Mars 1 Base" increased its attention by providing travelers with the most authentic experience of "life on Mars".

The picture shows the flower sea landscape in Wenquan County, Xinjiang. Photo courtesy of the author.

Source: Author: Li Baohua

Baseball is not popular in China for the following reasons:

1. Low popularity: The popularity of baseball in China is far less than that of football, basketball and other sports. Due to historical reasons, the development of baseball in China started late and the mass base was weak. At the same time, baseball equipment is relatively expensive, which also limits the popularity of baseball.

2. Insufficient publicity and promotion: Compared with other popular sports, baseball is less publicized and promoted in China. As a result, many people don’t know enough about baseball, and their interest is naturally low.

3. Fewer events are held: the frequency of baseball events in China is low, so it is difficult for the audience to have the opportunity to watch high-level baseball games on the spot. This also makes baseball less concerned in China.

4. Lack of baseball culture: Compared with developed countries such as Japan, China lacks profound baseball culture. Without the support of culture, the popularization and promotion of sports will be greatly limited.

5. Low competitive level: China’s baseball performance on the international stage is relatively weak, which also leads to the low attention of domestic audiences to baseball.

6. Uneven development of sports industry: In China, the development of football, basketball, table tennis and other sports has been strongly supported by the government and enterprises, while baseball and other sports have been relatively neglected. This makes the development space of baseball in China limited.

In a word, there are many reasons why baseball is not popular in China, including popularity, promotion, event holding, cultural background, competitive level and uneven development of sports industry. To improve the attention and popularity of baseball in China, we need to start from all aspects, increase publicity, improve competitive level, cultivate baseball culture, and strive for more policy and financial support.

In the past March 8 th promotion, the beauty industry was full of smoke, and all families tried their best to capture the hearts of consumers by exerting their efforts in price.

In the past year, affected by the macro environment such as the epidemic, consumer confidence was insufficient, and the beauty industry was under pressure. According to the data released by the National Bureau of Statistics, the total retail sales of social consumer goods in 2022 was 439.733 billion yuan, down 0.2% from the previous year, of which cosmetics decreased by 4.5%, which was the first negative growth since 2000.

As a shopping festival featuring women, March 8 promotion is a long-awaited recovery opportunity for the beauty industry.

However, a data circulating in the industry shows that the sales data of major brands in this promotion seems to be unsatisfactory, and the expected recovery is coming. Many beauty brands and even big brands have experienced a serious year-on-year decline in performance. According to industry insiders, influenced by macroeconomics, consumer behavior tends to be conservative, and the beauty industry is undergoing great changes. Some high-luxury brands, including Estee Lauder, are experiencing a lot of trouble.

Li Jiaqi can’t sell cosmetics either?

During the March 8 promotion last year, Li Jiaqi, the "first brother with goods", made a blockbuster on the night of pre-sale, welcoming more than 77 million viewers, "live broadcast for 7 hours, with goods of 2.825 billion", and swiped the network.

After a year, this year’s live broadcast room in Li Jiaqi was "quiet".

During the March 8 promotion period, Li Jiaqi Live Studio set up eight theme live broadcasts according to different categories, and the beauty was also featured on the night of pre-sale. As in the past, there are sales of international beauty brands and domestic brands in the live broadcast room. According to statistics, the discount strength of many brands is comparable to that of last year’s Double Eleven. However, many links can still be purchased, and they have not continued to be empty in the past. Even if there is a single product with a sales volume of over 100,000, it cannot hide the unsatisfactory overall consumption.

After the pre-sale night, almost no sales data were released. An industry analyst told China Newsweek that although the data of live broadcast rooms in Li Jiaqi were not made public this year, the final sales were not as good as expected when the consumption situation was not optimistic this year.

A beauty brand official told China Newsweek that his brand has been cooperating with Li Jiaqi Live Studio for a long time, and its sales performance has increased slightly this year, and its ranking has also jumped to the top of the list. However, he also felt that the Li Jiaqi team has more and more demands on prices and gifts. Li Jiaqi himself bluntly said on the night of the live broadcast, which brand is giving a big discount now and which brand is selling well.

The source pointed out that the seasonal promotion such as March 8 accounted for a certain proportion in the annual sales of beauty brands. Under the pressure of last year’s performance, various beauty brands naturally wanted to boost their performance in this promotion. At present, the number of SKUs that head brands participate in is obviously higher than last year, and the overall preferential strength is higher than last year’s 3.8, and some products are comparable to the Double Eleven.

However, according to a data circulating on the Internet about the turnover of Tmall beauty brands in March 8, the turnover of international big brands such as Estee Lauder, Lancome and Hailan Mystery dropped by 20% to 50% year-on-year. In addition, the turnover of most beauty brands was declining year-on-year. According to media reports, this year’s March 8 sales promotion has indeed declined, and the sales of brands such as Estee Lauder and Hailan Mystery have dropped by 20%-35% year-on-year.

The above analysts said that the circulated screenshot data may not be accurate, but it is true that the overall sales situation is not good. The decline rate of major brands is relatively less than that in the screenshot, but it is also relatively large. In addition, both the platform and the merchants have done a lot of homework for this promotion, but the result is too high-consumers have not raised more interest in it.

According to the data of third-party platforms, during the March 8th promotion this year, the number of daily users of e-commerce platforms did not increase much, and the number of daily users during the March 8th promotion in the past 30 days was not even the peak.

Zhang Yi, CEO of Ai Media Consulting, told China Newsweek that the pictures circulated in this big promotion did show that the sales did not achieve the expected results. First of all, because after the epidemic, consumption has been affected to some extent, and everyone’s income may fluctuate and consumer confidence is insufficient; In addition, e-commerce platforms, especially beauty products, are facing the diversion of live e-commerce in Tik Tok and Aauto Quicker. Traditional e-commerce platforms are facing greater growth pressure.

Consumers are becoming more and more sensitive to prices.

A consumer from Beijing used to "stock up" and buy one or two sets of big-name skin care products such as Estee Lauder during the March 8 promotion last year, but this year she turned to domestic products with higher cost performance. In her understanding, the efficacy of domestic products is not far from international brands, and the price is relatively cheaper.

There are not a few cases of seeking replacement, and consumers are becoming more and more sensitive to prices. Many consumers, after staying in the live broadcast room in Li Jiaqi, found that the price advantage of the live broadcast room in Li Jiaqi was no longer so obvious, which also revealed the increasingly fierce competition in the industry.

"From the online subsidy of 10 billion yuan in JD.COM this year, we can see that the competition for users among e-commerce platforms should be heated up." Zhang Yi believes that e-commerce platforms can compete at a "low price" at the expense of profits, and it is conceivable that this is urgent and intense.

In May, the founder of beauty cosmetics pointed out that brands now pay attention to global e-commerce and will not all bet on one platform. However, in the case of all kinds of live broadcasts, self-operated live broadcasts of brands and various promotions, consumers are no longer sensitive. Moreover, in the absence of an overall consumption environment, consumers may cut back on some beauty budgets.

The conservatism of consumers is also reflected in the financial reports of big names in the head. According to the data of Estee Lauder’s financial report, in the second quarter of fiscal year 2023, the net sales were US$ 4.62 billion, down 17% year-on-year; Net income was $397 million, down 64% year-on-year. In fact, the net sales of Estee Lauder in the first six months reached 8.55 billion US dollars, down 14% year-on-year; Net income was $887 million, down 50% year-on-year. In the past year, the performance of the Asia-Pacific market continued to drag down the sales of Estee Lauder. In the previous four quarters, the sales dropped by 14.78%, 23.2%, 3.91% and 17.46% respectively. P&G’s sales in the second quarter of fiscal year 2023 was $20.723 billion, down 1% year-on-year, and its ultra-high-end brand and star single product SK-II faced a decline in sales.

On the other hand, L ‘Oré al’s sales and growth rate in 2022 hit a record high in the past decade. According to the financial report data, the sales volume was about 38.26 billion euros, an increase of 18.5% compared with 2021.

In May, it was believed that the performance of Estee Lauder and Procter & Gamble was affected by the epidemic, which was a reflection of the macroeconomic downturn. Under this background, the high-end beauty businesses of Estee Lauder and Procter & Gamble, which are mainly high-luxury brands, were affected; On the contrary, L ‘Oré al has created the best performance in the past decade, which reflects the differentiation of the cosmetics industry, and also shows that the cosmetics industry is welcoming consumption degradation.

"In 2022, especially in the fourth quarter, the domestic epidemic was more serious. Consumers stayed at home for a long time and wore masks when they went out, and the demand for beauty products was weakened." Zhang Yi said that the whole industry is under pressure.

In the data circulating on the Internet, most of the domestic brands have seen year-on-year growth in performance. It is reported that the pre-sale performance of Polaiya brand ranks first in the industry, with a year-on-year increase of more than 50%, and its share price has also risen sharply, but Polaiya did not give a clear answer. The above analysts pointed out that in the process of consumption degradation, consumers have a certain degree of awareness of domestic brands, and these products are more cost-effective than foreign brands.

Is it useful to raise prices when the big promotion fails?

"An important reason for the failure of online promotion is that in the context of the epidemic, the cosmetics industry as an optional consumer product has been seriously damaged on the consumer demand side; The other is that in the past few years, affected by the epidemic, the proportion of online consumption scenes has increased. After the epidemic was released this year, offline consumption scenes such as tourism, tax exemption and high-end shopping malls have been opened, which will inevitably generate some consumption and affect the proportion of online consumption; In addition, if consumers go offline, the budget for online shopping may be reduced accordingly. " The above analysts believe that today, with the increasing recovery of offline consumption, this year’s March 8 e-commerce platform promotion is not very attractive.

In fact, online channels are increasingly becoming an important channel in the cosmetics industry, accounting for an increasing proportion. According to Euromonitor statistics, the proportion of e-commerce channel sales in the beauty and personal care industry increased from 10% in 2012 to 39% in 2021, and it is currently the single sales channel with the highest proportion. The proportion of traditional convenience stores and supermarkets, which previously accounted for a relatively high proportion, dropped from 38% in 2012 to 19% in 2021.

When such an important channel fails, in order to boost performance, the response of big-name beauty cosmetics is to raise prices. Taking Estee Lauder as an example, it has been positioned as a "high-end brand" in the market for many years, including two top brands: Hailan Mystery and Tom Ford, as well as high-end brands such as Estee Lauder and Barbie Brown. According to the data of the third party, the Estee Lauder Group raised its products such as cosmetics, perfumes and skin care products, including Estee Lauder brand frozen platinum and admiring lipstick, with an increase of less than 10%, while the overall increase of Hailan Mystery was 6%. At the same time, L ‘Oré al Group and LVMH Group all raised their prices for their beauty products.

A staff member of a domestic brand told China Newsweek that the price system of its own brand has always been relatively strict, and it has basically not broken the price. At most, it will give consumers some travel clothes. On the issue of price increase, the home-made products have been upgraded to the fourth generation products, and only when the second generation was upgraded to the third generation, they rose by 100 yuan, and there was basically no price increase afterwards. He pointed out that the price increase needs effective support and investment in scientific research, and it is not possible to "take out things" but raise prices.

Zhuang Shuai, founder of Bailian Consulting, pointed out that the price strategy belongs to the core strategy of the retail e-commerce industry and is also the core driving force for the long-term development and progress of the industry. The promotion activities based on price strategy will also be carried out for a long time, but with the change of consumption habits, the promotion forms and product selection need to be more diversified and accurate, and the price increase strategy of big-name beauty products is actually changing with the price increase of e-commerce and marketing strategies.

The price increase will increase the profit rate in the short term, but in the long run, May thinks it will overdraw the brand power.

Zhang Yi said that well-known brands such as Estee Lauder and Shiseido have actually been greatly adjusted by local brands in China. The main channel for local brands to exert their strength is the e-commerce channel. Whether through live broadcast or planting grass, social media communication is closer to consumers. Besides increasing prices, big-name beauty cosmetics should also be closer to users in marketing channels. He stressed, "In the fierce market competition in China, it is not necessarily a good idea to raise prices to find space for profits, and ultimately we must find a way to adapt to this market."

Author: Meng Qian

Pochettino has agreed that Chelsea will sign Inter goalkeeper Onana this summer, while Eduardo Mendi and kovacic will leave Stamford Bridge.

Pochettino has agreed to start coaching the Blues next season, and he is expected to fly from Spain to England next week to finalize the terms of the deal and outline his requirements for the position of head coach.

Chelsea and Inter Milan have started talks on Lu Kaku, and Lu Kaku will return to Stamford Bridge after a season on loan. Lu Kaku joined Chelsea for 97.5 million pounds two years ago, but he returned to Inter Milan on loan before the start of this season because his performance failed to meet expectations.

The Blues hope to continue to invest this summer. It has been determined that the goalkeeper’s situation is a key signing area, and at least one of Kepa and Mendi will leave this summer. Inter Milan’s Onana is Chelsea’s main target, and the Blues are willing to exchange kovacic for the goalkeeper. Kovacic’s contract expires in 2024, but Lu Kaku’s future is still uncertain.

According to reports, Chelsea had previously offered to exchange Ruben Chick, Chaloba or Mendi for Onana, but it failed. Kovacic is the latest candidate proposed by Chelsea, and it is reported that he is open to the transfer.

Onana, 27, joined Inter Milan from Ajax last summer. He played for Ajax for 214 times, and this season he played for Inter Milan for 38 times.

On the afternoon of November 4th, 2022,Under the guidance of Futian District Talent Bureau, the Smart City Special Session of Zhichuang AI-AI+Industry Summit sponsored by Shenzhen Artificial Intelligence Industry Association, Gongdadi Innovation Technology (Shenzhen) Co., Ltd. and Guangzhou Yingma Information Technology Co., Ltd. was successfully held.

The talent development activity of "Zhichuang AI" is one of the series of activities of "Endeavour New Journey to Spend Talent Day" in Futian District in 2022. It gathers professionals from enterprises in artificial intelligence industry, focuses on AI industry ecology and artificial intelligence industry chain, shares cutting-edge perspectives and talks about new opportunities for artificial intelligence development. With the theme of "Smart Convergence into a City, Winning the Future", this forum focuses on the smart city field, and faces software developers, system integrators and hardware providers in smart city transportation, urban management and other fields, bringing together enterprise representatives and industry elites with AI intelligent upgrade requirements, and connecting upstream and downstream business opportunities, industrial landing experience and other all-round resources to jointly explore the development direction of urban scene application.

Zhao Cong, CEO of Gongda, Liang Hongbo, General Manager of Yingma Technology, and Lang Liping, Shenzhen Artificial Intelligence Industry Association delivered speeches for the event; Li Sunan, Senior Marketing Director of Gongda, Lu Zhitao, Director of AI Scene Application Division of English Code Technology, Yan Weijie, Manager of Qianshitong Solutions Department, and Liu Rongjie, Product Director of Gongda attended the event and delivered speeches, and had in-depth interactive exchanges with business representatives and industry elites in the smart city field on the key technologies, scenes and needs of smart city development.

This activity focused on key technologies and fields such as visual AI, intelligent transportation, intelligent security, AI computing power, etc., and invited more than 60 enterprises to participate in the in-depth discussion of hot and difficult issues in the construction and promotion of smart cities. At the same time, the live broadcast of the event attracted nearly 3,000 participants. Through this activity, participating enterprises share their experience in AI construction of smart cities, combine the digital and intelligent transformation needs of their fields, make all-round docking of related resources, jointly explore the development trend of smart cities, and jointly promote the high-quality development of artificial intelligence industry.

The Shanghai Health and Health Commission released news:

June 25 (yesterday) at 0-24 o’clock

No new local new coronary pneumonia

No new local infected infection

After the day before yesterday

Yesterday, Shanghai was another new day of zero

Although Shanghai has not been added for two days

But in addition to the new crown virus

We cannot ignore other infectious diseases

No, no,

The anti -seasonal influenza is quiet again

June 17th

The latest weekly report released by the National Influenza Center shows

When the southern provincePositive rate of influenza virus detection

continuously rising

Some provinces enter the high incidence of summer

Mainly A (H3N2) subtype influenza virus

●Look at the specific data

Outpatient cases reported by the Southern Provincial Honor Hospital:

Influenza sample case5.8% of the proportion (ILI)It

Higher than the level of the previous week(5.1%);

The level of the same period from 2019 to 2021(4.4%, 3.0%, and 4.3%).

usually

Influenza is more high in winter and spring

Why is there an anti -seasonal peak in the south this year?

What is the situation in Shanghai?

Know together!

Early warnings in many provinces!

recently,Fujian, Guangdong, Shenzhen, Hainan, Jiangxi and other places have issued emergency warningsSome medical institutions for the past monthThe number of admission to the hot clinic has doubled,It is prompted that it has entered the period of summer influenza epidemicEssence

Guangdong Province reports that of the average 100 outpatient cases, there are 100 outpatient cases7 fever exceeds 38 ℃Essence

Shenzhen data shows 48%of the influenza -like case isPeople aged 0 to 14, the clustering epidemic occurs mainly in primary and secondary schoolsOne of the 5 -year -old children lived in the ICU due to severe influenza, and it has not been awake for 13 days.

Influenza 冒 normal colds will cause death seriously

Popular cold referred to as "influenza" is an acute respiratory infectious disease caused by influenza virus with a highly contagious and fast transmission speed. Because of the symptoms and colds, many people in daily life look at it at first glance

I thought the flu was a cold.Actually, the two haveThere is a big difference!

fromLethalityFor

FundamentalNot the same levelof

There are about 3 million to 5 million severe influenza in the world, and the mortality rate of severe influenza cases is about 10%.

About 20%to 30%of children per year will infect seasonal influenza. In other words, almost every 4 children have a flu. Among them, the infection rate of children aged 5 to 9 is the highest.

About 30%of influenza children will occur in complications.

Children under the age of 5 and patients with chronic basic diseases are one of the main people in influenza -related hospitalization and death.

The flu itself is not terrible, the terrible thing is its complication.Once patients with influenza have complications, such as pneumonia, acute respiratory distress syndrome, acute permeable vascular coagulation, myocarditis, heart failure, encephalitis, etc. In severe cases, it may cause disability and even death.

Why is it suddenly high in summer?

Since the new crown epidemic in 2020, the continuous normalization of the new crowns and the awareness of prevention and control of residents have increased. The level of influenza in many places in the country has declined. Intersection

It is understood that the H3N2 subtype influenza that appeared this time is a common influenza subtype, which is not uncommon in summer.According to Guangdong’s illness and control, the sub -influenza has been popular in Guangdong Province in the past, such as 2015 and summer 2017.

Guangdong Provincial Center for Disease Control and Prevention

Kang Min, the director of the Infectious Disease Prevention and Control Institute, said

Currently, Guangdong has entered the peak of summer influenza

There are many main reasons

First, Guangdong does exist in the peak of previous summer influenza.

The second is that in the past two years, based on the prevention and control of the new crown, most citizens’ hygiene habits have been improved, and they will wear masks when they go out. Feeling the crowd.

Third, the popular strain H3N2, which is popular, has the characteristics of high popularity, high infection rate, and fast variation frequency.

"In the north, influenza is common in winter and spring, and in the south, influenza will appear throughout the year.But this summer has become higher in the southern region, which may have a certain relationship with climate changeEssence Wei Min, chief physician of the Department of Respiratory Medicine, the Sixth Hospital of Zhongshan University, said.

influenced by

Olympic, known as the influenza "magic medicine"

There are also out -of -the -place out stock

After the reporter set the address to Fuzhou on a takeaway platform, he searched Olympic Weir, all showed that they needed to ship delivery at 2 to 4 days. After setting the address to Guangzhou, it also shows that only individual pharmacies include Oasis Veye’s original research "Dafi", and domestic drugs "Kewei" also need to ship delivery.

What is the situation in Shanghai?

Some reporters called Dai Guoxing, Director of the Emergency Department of Tongji Hospital affiliated to Tongji University, and Director Dai said,At present, there are no influenza cases in the hospital’s laboratory and popular kidneys, and the incidence of influenza in Shanghai has not increased significantly.

Speaking of the incidence of Shanghai influenza, Director Dai said that the high incidence season in Shanghai in previous years has been from October to December, not spring and summer. Affected by the new crown epidemic in recent years, everyone’s awareness of protection has increased significantly, so the influenza incidence has decreased. But for the susceptible population, you still cannot relax your vigilance.

The most effective prevention method is to vaccine

Vaccination vaccine is the most effective prevention method.Usually after vaccinating flu vaccines, it takes about 2 to 4 weeks to produce antibodies with a protective level. However, the antibody level brought by the flu vaccine gradually decreases after 6 months to 8 months, and the influenza virus is mutated every year. so,Once the flu vaccine is vaccinated once a year.

(Data map, picture source: visual China)

It is worth noting

Under the background of the new crowns

We need to pay attention to influenza

And the risk of the new crown is popular

Old people and children cannot relax your vigilance!

At the end of the article "write a message"

Tell the head of the head to tell you all ~

The leader will list outShare with you ~

Recent hot spot

Shanghai, 0! For the first time in more than three months! Some tour groups departing in Shanghai can sign up? One district announced the termination of temporary management and control of relevant areas

Shanghai added 2+1 yesterday. The news is inaccurate! All nucleic acids are carried out on weekends on weekends

Shanghai added 9 cases yesterday, and all the five districts were all on the weekend nucleic acid! Summer is coming, can Shanghai people travel normally? Ask a circle of hotels

●

lead

As the brand art exhibition of the Meibo Art Museum, the Miko Spring Art Exhibition series has been successfully held for four years, and has accumulated a group of loyal audiences and good reputation. "We tried to break through innovation again and continued the expressiveness and artistic nature of the theme art exhibition over the years. Together with the eleven contemporary art coffees and famous contemporary artists, they strive to present an art feast for the audience with their works that meet the theme of the exhibition.

This art exhibition uses the art form close to the public to extend and find the artist’s spiritual connotation, and think about whether the works and exhibition behaviors of the artist will bring collective changes. understand. The works of the ten famous contemporary artists have a good atmosphere to the Spring Meibo Art Museum. Just like the camphor forest at the Meibo Art Center, the thick vertical line has been attracted to this garden, and the scenery changes.

Artist

I am a native of Shanghai. When I shuttle on the streets of Shanghai, I look at the streets, architecture, or some other things. I will have a feeling of knowing each other. Watching these things when I was young is a different feeling.

It’s like looking at a mirror, but this mirror is projected into different spaces and different latitude, so I use the material of mirror acrylic.

I use monochrome, silver, and black and white to present a conversation between the neutralized and memory and memory of the work. The metal color of silver can reflect my feelings of the development of the city in Shanghai. The form of metal and monochrome is more representative and powerful.

The mirror effect of the work allows the audience not only to see myself in the mirror (in the work), but also feel my expression of this city. This work is not only a dialogue between me and my own time and space latitude, but also allows me and viewers to communicate in different time, space, and latitude in the form of mirror.

Xu Ziyun

"Listening Series 1"

Mirror Acrylic

75 × 50cm

2021

Xu Ziyun

"Listening Series 3"

Mirror Acrylic

75 × 50cm

2021

Xu Ziyun

"Listening Series 4"

Mirror Acrylic

75 × 50cm

2021

Curator

Young artists convey the creation information through the combination of multiple spaces. Each one can see the artist’s presentation of the past, the presentation of the state of survival, whether it is collective or individual, there is always an indiscriminate relationship with the environment. Xu Ziyun showed his personal feelings about growth space in the form of more novel works, thinking about the meaning of the past and the relationship between the present.

About artist

Xu? Yun

Out of 1991?

Graduated from the Oil Painting Department of China Academy of Fine Arts in 2016

Now?

Exhibition experience:

2021

"Early" artistic innovation in China Academy of Fine Arts? Exhibition Futurelab Shanghai? Shore Dome?

"Ming? Can the Bay Area? New Year Artist Program" Australia?

"Internal and Outside" solo exhibition Banana Art Space Nanjing

2020

Banana Art Space 2020 Summer Group Exhibition Nanjing

"Flola’s living room" contemporary art and plant art cross -border exhibition neon art museum

2019

"? 年 Plan for the selection exhibition of outstanding works over the years ·? New Year Artist Nomination Exhibition"

"Memory Vision? -Chayun Art Item? Exhibition" Shanghai

2018

The 9th New Star Art Festival of the series of works "Behind the scenes"

2017

The work "For" Lunch on the Grass "? Conjecture to participate in the" Yue? -The visual cross -border extension "Chicago, USA

2016

The work "Festival?" "College? 2016" Sichuan Academy of Fine Arts

The work "Breathing", "Care?"

116m2+POP UP Painting Mobile Biennale Biennale

2015

The work "Separation in the evening" and "Live? Light" won the theme award of the Inter-Youth International?

The work "Star?" "Spring is here -10cm3" San Shang Contemporary Art Museum (Hangzhou)

The work "Models?" "Gadgets -Contemporary Paper Works Exhibition" Van Geng Art Institution (Hangzhou)

2014-2015

The work "Spring Equinry Squiries Laying on?" "Pursue Excellence: Artists of the College ——? The Session of Oil Painting Invitation Exhibition" (National Tour)

Year 2014

The work "On the escalator? Autumn" Nanjing International Art Exhibition (Nanjing)

"Nine? · —— Zhejiang Oil Painting Works Exhibition" Ningbo Art Museum

year 2013

The work "Lu Lu" and "The Shop" "The Consciousness of Painting -Creation Research Exhibition of Oil Painting Department of the Chinese Academy of Fine Arts" (Shanghai)

The work "Slim Shadow Slimming

2012

Creative work "Jian" nationwide? The New Year’s Exhibition- "Most Painting" (Beijing)

year 2011

Creative work "Jian" 6th China Academy of Fine Arts "Century Star" China Academy of Fine Arts Museum of Fine Arts

Zhisheng: Collective upward -2022 Beauty Spring Art Exhibition

Producer: Chen Hui

Project planning: Kong Kong

Curator: Xiaojun

Exhibitors:

Chen Xiaodan, Ding Fang, Gong Xinru, Ji Wenyu+Zhu Weibing, Long Bin, Qu Fengguo, Xue Song, Xu Ziyun, Zhou Dujin, Zhou Xiaoping

Organizer: Meibo Museum

Opening time: February 26, 2022 (Saturday) at 3:30 pm

Exhibition time: February 26, 2022-March 20, 2022

Exhibition location: Meibo Art Museum, No. 88 Liming Road, Minhang District, Shanghai

| Opening time: Tuesday to Friday 9:00-17:00

Saturday Sunday 9:00-18:00 (closed Monday)

Address: Meibo Art Museum, No. 88, Liming Road, Minhang District, Shanghai