The Analysis Of The Case Of Copyright Infringement Between Franz Porcelain Co.,LTD And Garland Porcelain Co.,LTD

Ceramic supplies widely exist in people’s lives, and with the development of economy, the pursuit of high quality living has been improved. Afterward, producers gradually add artistic beauty to the products, making them become the useful and valuable works of art, works of applied art. In practice, disputes over this type of copyright infringement happen frequently and the trial results are being pluralized. Further more, after the National Copyright Administration announced the revision of the copyright law and the Draft Submitting for Approval, the discussion of this issue has been particularly intense. The dispute over copyright infringement between Jingdezhen Franz Porcelain co., LTD and Chaozhou Garland Porcelain co., LTD belongs to one of the typical type. To understand and handle this case correctly, the important point and the difficult point are to solve the problem of whether works of applied art are put under the protection of copyright and how we can protect works of applied art. By analyzing this case, I arrive at the following conclusions. First, whether the copyright in our country explicitly defines works of applied art as the protection type or not, a plaintiff’s works are protected by our country’s copyright. However, when we choose bases, there are differences on specific theories. Second, recognizing the artistic altitude of works of applied art should be based on the subjective aesthetic standard and the plaintiff’s works ought to meet the standard’s requirements. At last, Under the criteria of contact with substantive, the accused products infringed the plaintiff’s copyright.By protecting the copyright of applied art, it is meaningful to maintain the order of the market competition, protect the legitimate fruits of labor and encourage the innovation of production. Many countries such as the United Kingdom, the United State s, and France have clear legal provisions or case laws to protect the copyright. With the development of economic globalization, the related laws and regulations in our country should be adjusted to better suit the development of economy and keep pace with the international protection of intellectual property rights.