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Hong Fuyuan and Deng Chunxiang v. Guizhou Wufufang Food Co., Ltd. and Guizhou Jincai Natural Culture Research & Development Co., Ltd.

ZZMCZ No. 17 (2015)

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Hong Fuyuan and Deng Chunxiang v. Guizhou Wufufang Food Co., Ltd. and Guizhou Jincai Natural Culture Research & Development Co., Ltd.

Guiyang City Intermediate People’s Court of Guizhou Province
ZZMCZ No. 17 (2015)

Facts

Hong Fuyuan (Hong) (plaintiff) created art inspired by the traditional batik design of Guizhou Province, an economically challenged region of China. One of Hong’s pieces, Harmonious Coexistence XII, appeared in a 2009 art book. In 2011, the Guizhou Wufufang Food Company, Ltd. (Wufufang Company) (defendant) used some traditionally inspired batik art on a portion of its packaging, which was designed by Guizhou Jincai Natural Culture Research & Development Company, Ltd. (Jincai Company). Hong and Deng Chunxiang (Deng) (plaintiff), to whom Hong had transferred some copyright-related rights, brought an infringement action against Wufufang Company and Jincai Company, citing similarities between the packaging art and Harmonious Coexistence XII. Hong and Deng sought 200,000 yen in damages.

Rule of Law

Issue

Holding and Reasoning (Tang, Liu, Yuan, J.J.)

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