Comment On A Copyright Infringement Case Of A Company In Shanghai V. Shenzhen

Today's society is a society with rapid economic and cultural development.The integration and vigorous development of various cultures has greatly promoted the development of China's intellectual property field,but the resulting intellectual property infringement disputes are also increasing.China's intellectual property research and legislation have started relatively late.The knowledge systems and legal systems in various fields are either lacking or not perfect.The standards for the recognition of works in the copyright law have not yet formed their own standards.They can only learn the advanced identification of the West.Standards,but they are not yet flexible;the standards of infringement of "substantial similarity + contact" of British and American countries are differently applied by different courts,which brings great difficulties in judicial practice.This case analysis is based on the case of a copyright infringement case of a company in Shanghai v.Shenzhen,and whether it constitutes a fine art work for "Dahetu",whether "Dahetu" and "Summer Huilantu" constitute a substantial similarity,whether a company in Shenzhen Infringed on the three disputed focus of the copy right of a company in Shanghai.Through the analysis of the constituent elements of the art work and the substantive similarity between the controversial works,it is finally believed that the defendant Shenzhen company made the fabric of the ready-to-wear fabric on the "Summer Huilantu" pattern and the artwork of a Shanghai company designer Zhang."Hetu" has substantial similarities,and a company in Shenzhen as a direct producerof clothing fabrics cannot be the subject of the defense of Article 53 of the Copyright Law.A Shenzhen company infringed the distribution rights and reproduction rights of a company in Shanghai.