Wang Zhuo: In China's judicial practice, the standard of “access plus substantial similarity” has always been adhered to. According to the principle of “The burden of proof is on anyone who claims” in the Civil Procedure Law, the plaintiff has to prove not only that the defendant has actual access to the plaintiff's work, but also that the works of the plaintiff and the defendant are substantially similar.
(Wang Zhuo, Judge with the IP Division of Beijing No.1 Intermediate People's Court)
Qi Lei: The delay in the making of the measures for the protection of folklore works is essentially due to the complicated coverage of such works and the great differences in international society on the protection for such works.
(Qi Lei, Chief Judge, IP Division, the People's Court of Dongcheng District, Beijing)
Suo Laijun: It is necessary to give full play to the role of copyright registration for the protection of works, including painting and calligraphy.
(Suo Laijun, Deputy Director of China Copyright Protection Center)
Zhang Jie: In the application of law, sometimes the adjudicative compensation cannot sufficiently protect the right holder, which has also results in the extremely low costs for those guilty of infringement acts. Dismal penalties not only harm the copyright protection for artworks, it also creates the impression that the system lacks positive and adequate protection for the rights of artists.
(Zhang Jie, Legal Advisor for Science and Technology Publication Committee of Copyright Society of China)
Zhao Jiaxiang: I think patent should proceed over copyright because it has a more specific legal basis than copyright in safeguarding rights and interest in lawsuits. However, patent protection is inferior to copyright in terms of its shorter protective period.
(Zhao Jiaxiang, Director of the Sub-Committee of Industrial Design of Academic Committee of All-China Patent Agents Association)
zhai xin: There are many ways to achieve economic returns from the copyright of artworks. Depending solely on cracking down counterfeits is a rather primary measure, whereas licensed operation could make an relatively ideal approach.
(Zhai Xin, well-known artist)
