by Elsie Wang
The well-known game Pokémon filed a lawsuit against the pirated mobile game “Pocket Monster: Remake (口袋妖怪：复刻),” alias “The Pocket Journey (口袋之旅),” for copyright infringement. The case, involving high compensation and intellectual property protection issues, ultimately concluded with a settlement.
Case Background
The case began in 2015 when Guangzhou MaiChi Network Technology Co., Ltd. ("Guangzhou MaiChi"), Shenzhen Asikade Information Technology Co., Ltd. ("Asikade"), Shenzhen Zhishang Interactive Technology Co., Ltd. ("Zhishang Interactive"), Shenzhen Zhongshun Heying Technology Co., Ltd., Khorgos FangChi Network Technology Co., Ltd. ("Khorgos FangChi"), and Zhongnan Culture (collectively referred to as "the six defendant companies") launched and operated Pocket Monster: Remake. The game extensively used design elements from Pokémon, including character images and gameplay mechanics, which led to allegations of copyright infringement and unfair competition.
In December 2021, The Pokémon Company filed a lawsuit with the Shenzhen Intermediate People’s Court, requesting the six defendants to cease infringement and seeking damages of 500 million RMB.
The first-instance court ruled that the Pokémon characters, game protagonists, maps, and other core elements in the accused game corresponded closely and bore substantial similarity to elements in the Pokémon games. The court found that the combination of game elements formed highly similar or even identical systems and that many numerical design structures were the same.
Consequently, the court ruled that the accused game constituted substantial similarity to Pokémon in terms of storyline expression, thereby infringing The Pokémon Company’s copyright.
Furthermore, the court determined that the operation and promotion of the accused game violated Articles 2 and 8, Paragraph 1 of the Anti-Unfair Competition Law, constituting unfair competition. The defendants were ordered to pay 107 million RMB in damages, setting a record for the highest compensation awarded in a domestic game infringement case at the time.
Mediation Outcome
The defendant companies appealed the first-instance ruling, and the case entered the second-instance stage. In December 2024, through the "demonstrative judgment + entrusted mediation" mechanism, with professional support from the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center, the Guangdong High People's Court successfully facilitated a mediation agreement between the parties.
According to the mediation agreement, the defendant companies publicly issued an apology statement, admitted to the infringement, and committed to ceasing operations and removing Pocket Monster: Remake and related games from platforms. They also pledged to strictly comply with intellectual property laws and regulations in the future. Notably, Zhongnan Culture, one of the defendants, was not held liable in the case, while Guangzhou MaiChi and other companies bore joint liability for the compensation.
Case Significance
This case serves as a significant warning to the gaming industry. On one hand, the 107 million RMB compensation ruling highlights the judiciary’s firm stance against malicious infringement. On the other hand, the defendants' proactive apology and compliance with the settlement demonstrate an increasing awareness of intellectual property protection.
The case also reminds industry professionals that competition in the gaming market should be based on innovation rather than imitation. Only through in-depth creation in core aspects such as gameplay and design can long-term development be achieved. As a veteran game developer remarked on social media: "True game developers should create worlds with code, not bury the future with plagiarism."