Foshan Textile Enterprises Prosecute More Than 50 Retail Outlets Of Textile City For Pattern Infringement

< p > warm family can not afford one or two exquisite cloth crafts. A fancy curtain can be regarded as a necessity for household decoration. With the decoration of curtains, it is more delicious to open the house.

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< p > the exquisite patterns on the curtains give people a sense of beauty. Recently, the people's Court of Keqiao district has received more than 50 civil indictment cases, and sued more than 50 curtain and cloth shops in Keqiao for allegedly copying curtains and infringing the copyright of the patterns.

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< p > originally, the curtain curtain cloth of more than 50 curtain shops in Keqiao was selling curtain cloth, and some patterns on the curtain cloth were registered with copyright.

Thus, as a copyright owner, a textile company in Foshan, Guangdong Province, on the grounds of infringing copyright, put more than 50 curtain shops on the court.

Recently, through the mediation of the judges of the people's Court of Keqiao District, there have been a number of retail departments that compensate the plaintiff for unequal economic losses due to infringement. There are also some department stores that do not recognize infringement and insist on court.

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< p > < strong > the pattern used for hanging samples appears "counterfeit" < /strong > < /p >.

< p > China's light textile city north market is a famous curtain wholesale market in Keqiao. The curtain shop is next to one, and the curtain shop of Amin (a pseudonym) is also there.

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< p > "the curtain patterns in the shop are European, Korean and Chinese. We have also invited designers to design flower patterns."

Boss Amin has been doing curtains business for more than 20 years, and he believes that unique tricks mean sales.

In order to highlight the advantages of his own curtains, he specially hired designers to help him design the patterns. The curtain cloth in the shop was basically designed with unique style.

Some curtains start with fabrics and are specially designed by the designer.

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< p > in early 2013, the designer of the shop brought a curtain pattern called "original" pattern.

"It's more traditional European style flowers, and the elements used are more traditional patterns such as curly grass, cashew nuts, ham and so on."

Amin thought that although this pattern seemed conservative, but it was more classic, there was still a market.

Before long, I received orders.

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< p > it was just when Amin was pleased with the market of this "a href=" http://www.91se91.com/news/index_c.asp "pattern < /a >, he suddenly discovered that another curtains shop not far away from her home also put on the same pattern, which was cheaper than Amin's.

"Designers spend a few months in designing a pattern, others take a photo quietly, and in less than a week they can make curtains for sale in the market."

Amin said frankly that the design of his own designs was not pirated for the first time. A new pattern could be sold for at least one year ago, and it can be sold for a month now.

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< p > < strong > the shop department "inexplicable" provoked the lawsuit < /strong > < /p >.

< p > in early March of this year, Amin received a summons from "a href=" http://www.91se91.com/news/index_c.asp "Keqiao" /a District People's court. A textile decoration company in Foshan, Guangdong, sued him for pattern infringement and claimed 20 thousand yuan for him.

The sales situation is not optimistic, and was asked to claim 20 thousand yuan at a time. Amin felt it difficult to accept it. It was clearly designed by his own shop designer. How could it be infringed? After he was verified with the designer, he knew that the so-called "original" was actually inspired by some similar patterns and changed after another.

"The two patterns are different in color and size. We have no infringement."

Amin insisted that the designer was original.

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< p > recently, the people's Court of Keqiao District heard the case publicly, and the two defendants were in court.

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< p > in the court trial, the two sides launched a fierce defence of whether the pattern was infringed. The plaintiff also hired a professional assistant to give opinions on the professional issues involved and clarify the right doubts.

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< p > Amin's defense counsel thinks that there are many similar patterns in the market. The pattern elements used in the litigation are all elements in the public domain, and appeal from the differences in color, fabric, production technology, and the plaintiff's patterns.

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Mr. P, the "professional assistant" hired by the plaintiff, pointed out that although the plaintiff has used the usual pattern elements, its combination and arrangement, and the mixture of classical beauty and dynamic beauty are ingenious.

For example, the two directors remake the romance of the Three Kingdoms. If everyone takes the original photo, the effect may be the same. This is not called infringement.

Because we all use public stuff, just like we copy the public version. "

Mr. Kim said that one of the directors was supposed to innovate the plot or scene in the romance of the Three Kingdoms, while the other director copied the idea. This is copying a creative expression, whether it is one hundred percent or no change, or a slight change.

"How to judge this slight change is stipulated in the" copyright law ", that is, in the eyes of ordinary people, does he think these two things are almost the same. If he thinks these two things are actually the same thing, it may constitute infringement.

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< p > in the court trial, the court announced a selective retrial because of some unclear details.

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< p > < strong > the judge reminded < a href= "http://www.91se91.com/news/index_c.asp > > operating households < /a > strengthening self-discipline and more innovation < /strong > /p >

< p > the pattern protection system of light textile city is becoming more and more mature, but the pattern "counterfeit" happens frequently.

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< p > Li Zisu, a judge of the three District Court in Keqiao District, who is responsible for the trial of civil disputes involving intellectual property rights, told reporters that as of now, the court has accepted more than 1000 cases of pattern disputes, and many disputes are caused by insufficient attention of the parties' subjective attitude.

"Many parties do not agree with the protection of intellectual property rights. They think that the design is very simple and can not get copyright. Others think that the pattern of flowers on the market is so large that their own flower types may not be infringed."

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< p > according to Li Faguan, some of the operators who have infringements may be unintentionally subjective, but as long as there is a tort, it is a violation of the law and they must pay the price. "I hope the majority of the textile city operators will draw lessons from the past and strengthen their independent innovation. With the deepening of the pattern protection work, the pattern copyright maintenance will be more and more standardized in the future, and gradually eliminate the occurrence of infringement."

Judge Li said that the best way to prevent infringement from others is to strengthen self-discipline and create new tricks.

"Some samples with unknown origin and unclear copyright will not be hung up. There will be more" truer "enterprises in the future. It is hoped that the operators must strengthen self-discipline and avoid unnecessary troubles.

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