In confirming plagiarism, it is often necessary to distinguish from formally similar behaviors: (1) Plagiarism and utilization of thoughts, ideas and opinions of copyrighted works. Generally speaking, it is legally allowed for an author to freely use the themes, themes, opinions, ideas, etc. reflected in another work to create new creations and cannot be considered plagiarism. (2) The historical background, objective facts, statistics, etc. of plagiarizing and using other people’s works. The copyright laws of various countries do not protect the historical background, objective facts and statistics expressed in the work itself, and anyone can freely use it. However, completely copying someone else’s words that describe objective facts and historical background may be considered plagiarism. (3)Plagiarism and fair use. Fair use is the legal basis for an author to exploit other people's works, and its scope is generally determined by each country's copyright law. Anything beyond the scope of fair use generally constitutes infringement, but does not necessarily constitute plagiarism. (4)Plagiarism and coincidence. Copyright protects original works, not first-time works. If a similar work was created completely independently by the author, it cannot be considered plagiarism. Some scholars believe that the difference between plagiarism and other behaviors can be analyzed from the following five aspects: (1) Look at the degree of changes the defendant made to the original work; (2) ) look at the characteristics of the original work and the defendant’s work; (3) look at the nature of the work; (4) look at the creative skills and the value of the work reflected in the work; (5) look at the defendant’s intention.
According to the Copyright Management Department of the National Copyright Administration's "Reply to the Qingdao Copyright Bureau on How to Determine Plagiarism":
"From the perspective of the form of plagiarism, there are intact or basically intact The act of copying other people's works immutably, and the act of stealing someone else's copyright-protected original content by transforming it into one's own. The former is called low-level plagiarism in the field of copyright law enforcement, and the latter is called high-level plagiarism. It is relatively easy to identify. Advanced plagiarism needs to be carefully identified, and even needs to be identified by experts."
It can be seen that there is no particularly objective standard for how to distinguish "plagiarism" or "borrowing". In practice, when one party sues another party for plagiarizing its own design (infringement of copyright or patented design), it must prove that the other party is similar to its own design in terms of pattern, color, text, positional relationship, etc., and the defendant needs to prove that its design Obvious difference, as well as the originality of your own design.