Research On The Key Issues Of Judicial Protection Of Ceramic Art Works

Ceramics is the card of China,which is mainly practical in Chinese history.With the development of the economy and the improvement of living standards,some ceramics have gradually separated into aesthetic and creative ceramic artworks.Ceramic artworks changed from the concept of life into the legal concept,and further derived the legal protection of ceramic artworks.In the view of legal,there are legislative,enforcement,judicial,and other aspects of protection.This paper only explores and analyzes the key issues of the protection of ceramic artworks from the judicial perspective.With the keyword of "ceramic works",the author retrieved 97 relevant cases on the website of China Judgment Documents on December26,2021.After analysis,the number of ceramic art dispute cases is 69,accounting for 71% of the total cases;17 trademark rights cases,accounting for 18%;11 other cases,accounting for11%.It can be seen that the protection of ceramic works in the judicial field is mainly the protection of copyright law,the protection of trademark law,and other legal protection.The ceramic artworks that have the protection of copyright law must meet the relevant requirements of copyright law protection,that is,it needs to meet the requirements of the object of copyright law protection and originality.Article 3 of the Copyright Law stipulates that only works in the fields of literature and art can become ceramic artworks.In addition,ceramic artworks also need to have innovation,otherwise,they can not be protected by copyright law,such as plagiarized artworks.In terms of objects,ceramic artworks are both artistic and practical.Artistic works are generally protected as works of fine art in the field of copyright law according to current judicial precedents,while practical works are protected as works of utility models in patent law.In the analysis of ceramic artworks dispute cases,the four characteristics of this kind of case are summarized.Firstly,ceramic artworks copyright dispute cases are fewer;Secondly,the cases have obvious regional,concentrated in Fujian,Guangdong,Jiangsu,and Jiangxi four ceramic production areas;Thirdly,the cost of safeguarding rights is high and the time of safeguarding rights is long;Fourthly,there is a large difference between the amount claimed and the amount of compensation,and the amount of compensation is low.To further empirical analysis,the author found that there are many legal problems in the process of ceramic manufacturing,production,sales,and use.The infringement disputes among natural person rights holders are very few,less than 2% of the total number of cases.The infringement of the defendant is mainly sales and is often accompanied by production,manufacturing,use,distribution,and other acts.The disputes involved in the case focus on three aspects: first,whether the work is "original",whether the plaintiff is the right holder of the work;Second,whether the defendant and the plaintiff’s works have "similarity",whether the defendant has access to the plaintiff’s works,that is,whether the defendant infringes;3.Whether the defendant infringes the law,and if so,what kind of liability shall he bear,or whether the defendant infringes the law but does not bear the liability.After further analyzing the sample cases,the author found four details of such cases in judicial practice.First,the plaintiff’s copyright registration certificate is the most practical and direct evidence;Second,the plaintiff can rarely prove the specific circumstances of the defendant’s tort and rarely prove the defendant’s intention.Third,the defendant can rarely prove that his works have legal sources and infringe income.Fourth,the legal compensation for tort damages is basically not applied,and the amount of compensation awarded by the court is unbalanced and low.In view of the above problems,such cases are regulated from the perspective of the right holder and the court.For the right holders of ceramic artworks,they should strengthen the application for the creation of works and the right certificate,and expand the licensing and sales channels of ceramic artworks.We should establish the consciousness of innovation,rights protection,evidence and law,and be good at collecting,preserving and using evidence so as to improve our ability to protect rights in the judicial field of copyright.For the court,it should apply the relevant copyright infringement judgment rules more accurately and reasonably,unify the identification of right ownership,quantify the infringement standard,standardize the evidence proof standard,refine the amount of infringement compensation,increase the intensity of statutory compensation and punitive compensation,guide the right holders to provide scientific and detailed evidence on damages,and carry out reasonable legal rights protection.Provide escort for the healthy and rapid development of the ceramic industry of our country.