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Liu Xiang pulls out of legal action
(China Daily)
Updated: 2005-05-20 22:33

Chinese star hurdler Liu Xiang has applied to withdraw his legal action against a newspaper.

Olympic gold medalist Liu Xiang(C) is escorted away from the railway station of Yi Chun, East China's Jiangxi Province April 15, 2005. [newsphoto]

Liu had begun court proceedings against the Beijing Life Style publication.

He claimed the paper had deliberately mislead readers into believing a story and photo of him was endorsing an advert on the same page.

The Beijing Haidian District People's Court had been scheduled to rule in the case yesterday.

Yesterday Liu's legal representative Zheng Yinghua, denied the star had reached an out-of-court deal with the Beijing-based Life Style newspaper.

"The newspaper did not offer us any compensation," Zheng told China Daily yesterday.

Liu was seeking 1.25 million yuan (US$151,000) in compensation from the newspaper, which allegedly used without permission Liu's picture jumping a hurdle in winning the Athens Olympic Games men's 110-metre hurdles.

The photo took up most of the newspaper's front page last October. The bottom part of the page was an advertisement for a Beijing-based department store.

"My client's action was not for money, but aimed to clarify the fact that Liu did not make the advertisement for the newspaper and urged that any use of the photo of Liu must be used legally," the lawyer said.

"We have achieved our goal now. Evidence provided by the defendant proved that the newspaper did not receive any authorization from Liu when using his photo.

"The public gave a positive response over the protection of intellectual property rights," said Zheng.

He added:"In consideration of these facts, we have decided to withdraw the action."

Zheng also denied he was afraid the court would rule against Liu.

Lu Bo, the lawyer representing the Life Style newspaper, said yesterday they had not had any contact with Liu's side since the trial opened.

She insisted the newspaper used Liu's photo for news purposes and did not violate his portrait rights.

Shen Liping, a press official with the court, said the court received Liu's application for withdrawal on Wednesday.

"To withdraw the indictment is the right of the plaintiff according to law," Zhao Xudong, professor with the China University of Politics and Law said.

However, according to the Civil Procedural Law, the court will decide whether to accept the withdrawal since the plaintiff applied so soon ahead of judgment.

"The court will examine the withdrawal application to see whether it agrees with the requirements of the law. That is, to be proper, legal and does not damage the legal rights of the country and other people," Zhao was quoted by the Beijing News as saying.

The court will make a judgment if it believes the withdrawal application fails to meet legal standards.

In addition, in Yichang of Central China's Hubei Province, Liu also sued four local companies including two newspapers for portrait rights violation. The case has also to be decided.

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