Explore New Ideas And Call For Collaborative Protection Of Textile Pattern Copyright

< p > as the world's largest distributing center for light textile products, China Textile City, where shops are lined up, a variety of patterns, different varieties of "a href=" http://www.91se91.com/ "target=" _blank "cloth" /a "are displayed on the walls of a dealer's shop.

However, with the development of cloth industry, there are more and more copyright disputes in the textile city.

According to incomplete statistics, there are more than 100 thousand patterns appearing in the Textile City yard. How many of them are in the "gray area" in such a large number of patterns? How can we identify their rights holders?

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< p > < strong > pattern copyright dispute case is more frequent < /strong > < /p >.

< p > according to statistics, from the second half of 2008 to November 2012, the county courts accepted 935 cases of intellectual property rights, 95% of which violated the property rights disputes of art works (pattern Copyright Disputes) and showed a sharp upward trend.

"Since the beginning of the 2008 case, the county court has publicized the protection of the copyright in the form of public exhibition and free legal advice, which has enhanced the awareness of the rights of the market players."

He Xiyan, vice president of the county court, said that there are tens of thousands of existing market operators. Although they have demand for patterns, they lack professional creative teams and are in a state of lacking their own patterns.

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< p > it is precisely because the pattern is of little source and high cost that many market players take risks to plagiarize, resulting in frequent copyright disputes.

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< p > < strong > there is a dilemma in the effective operation of judicial protection < /strong > < /p >

< p > "a new pattern design is first designed for trial sale. If this pattern is welcomed by the market, it will be mass produced."

He Xiyan pointed out that this also led to some people seize this time difference, the pattern of snatch, malicious registration phenomenon.

According to the judicial inference that the registrant is the copyright owner, it is likely to be inconsistent with objective facts or even legal facts.

Therefore, pattern copyright disputes are basically settled in two ways: conciliation and withdrawal.

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< p > in addition to how to identify the plight of copyright, the lack of objective professional standards for similarity comparison of patterns is another dilemma in the judicial protection of pattern copyright.

"A pattern is compared to a computer. If there is no record, it is a new pattern.

In fact, this does not mean that the pattern is ingenious. At present, many market players are changing their patterns to make their own use through the "bringing ism".

Li Zisu, vice president of the three Court of the county court, said that the pattern is a kind of fine art works, and it is hoped that relevant professionals will be consulted to make up for the lack of judges in specific fields of vision.

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< p > < strong > explore new ideas and call for collaborative protection < /strong > /p >

< p > "the law is not enough for itself. It is not the best way to fight alone by the judge."

He Xiyan told reporters that the court is also actively exploring new ways to protect pattern copyright through strengthening the routine "escorting" actions such as strengthening the long-term cooperation with the pattern registration office and protecting the office.

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< p > October this year, Lee sued "a href=" http://www.91se91.com/ "target=" _blank "designer" /a "Sheng Mou suspected of copying his registered pattern and put it on the market for sale, violating his pattern copyright patent.

In the courtroom, defendant Sheng cited the pattern pattern of the published "Atlas of fabric patterns of China Textile City", which proved that the original originality of the original pattern was already in the category of public domain, and the album had already been sold publicly, so that everyone could learn to borrow products, and there was no violation of the facts.

In the end, the defendant was able to win the case by successfully filtering the "non original" registration scheme.

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< p > "in this case, because the defendant is a designer, he has expertise in the field of pattern, and the ability to provide evidence is strong, which is the key to the defendant's success."

He Xiyan said that the county court is currently exploring new ideas, and plans to establish a pattern comparison talent pool in 2013, such as the integration of art teachers, designers and other professional talents, and make random sampling comparison, specifically comparing the similarity of patterns to make up for the mechanical comparison of computers.

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< p > < < a href= > http://www.91se91.com/news/index_s.asp > > /a > households, we advocate buying the proper pattern of resources, and at the same time cooperate with relevant administrative organizations and non-governmental organizations to provide them with a more harmonious pattern to protect the environment, and actively guide them to improve their ability of independent innovation.

He Xiyan said.

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