Researches On The "SHANZHAI" Phenomenon In The View Of Intellectual Property

"SHANZHAI" is a kind of dynamic culture phenomenon that the community imitates or teases of brand products and mainstream culture non-governmental, non-standardized areas. It contains feature of counterfeit, rapid, civilian, but it is not lack of innovation. "SHANZHAI" phenomenon can be divided into cottage products and cottage culture according to its evolution and the fields related. Cottage products are divided into faked part involved products and non faked part involved products based on the existence of counterfeiting. Cottage culture can be divided into for-profit cottage culture and non-profit cottage culture based on whether it is for-profit.The reasons for the rise of "SHANZHAI" phenomenon are the demand of the market, human beings and the popularity of Internet, the maturity of technical conditions and current conditions of China also boost its prosperity. While cottage product bring certain positive impact and influence on socio-economic and culture development, it has some negative effects at the same time; as for cottage culture, it spurs on the mainstream culture to make some improvements, but inevitably, it brings negative effects on mainstream culture in its process of referring and apply to mainstream culture, "SHANZHAI" phenomenon is not equivalent to piracy, counterfeiting in essence of law, it is an innovation of imitation.Some cottage products may infringe invention patents,utility model patent or design patent of brands. Some are brand trademark infringements, thus compose the suspects of unfair competition, it is crucial to integrate comprehensive factors to judge whether the public have uncertain cognitions. Some may infringe the copyright of software manufactures of brands. Non faked parts involved cottage products are innovation of imitation in the essence, which is consistent with the requirements of intellectual property culture. Therefore, to establish standardized management of cottage products, it need to against infringement of IPR, adopt effective guidance of the infringing acts and protect innovative ingredients of it.The for-profit cottage culture has the suspects of infringing the copyright of role models, it is necessary to introduce the commercial image right to prevent celebrity's image violated by some for-profit cottage culture. It is needed to grasp the limits of fair use of non-profit cottage culture, balanced the relationship between copyright and freedom of expression. Therefore, standardized management of cottage culture is needed to protect and encourage original creativity of cottage culture, and adopt the positive measures to guide possible infringing acts in cottage culture into legitimate track.