The Ministry of Education entrusted the team of National Taipei University of Technology to hold the second legal education seminar of art department in colleges and universities on 108. The second seminar invited creative, promotion and marketing teams from China University to share their experiences. Creative teams on campus come from Chung Yuan Christian University, Nantai University of Science and Technology and National Chengchi University. Their works include board games, drones and watches.
▲ 10 year 10 On October 26th, "Seminar on Cultural, Creative, Industrial, Academic and Practical Intellectual Property Issues" was held in the Creative Space of Donghai University. The activity team, intellectual property legal experts, partners of the Intellectual Property Value-added Center and representatives of the Ministry of Education gathered together. (From left: Lawyer Liu Cheng Qing, Lawyer Wang Zhanxing, Professor Jiang Yaqi from Institute of Intellectual Property, University of Science and Technology Beijing, Manager Huang from Intellectual Property Value-added Center of Ministry of Education, Miss from Ministry of Education)
▲ The project team invited campus cultural and creative industry workers to share all kinds of intellectual and financial legal problems encountered in the creation of cultural and creative industries, and through the activity design, let on-site experts also join in the interactive exchange and answer. Through this kind of interaction, the cultural and creative team on campus can face the legal problems of intellectual property experts and clarify the correct legal concept of intellectual property.
This workshop also specially invited academic experts such as Associate Professor Hu from the Department of Law of Donghai University and Assistant Professor from the Department of Radio and Television of National University, as well as lawyers Liu Chengqing from Yisi Technology Law Firm, Wang Zhanxing from Nanguo Chunqiu Law Firm, Xing Qiumiao from Beichen Law Firm and Chen Yanxun from Hengda Law Firm to attend, so that the Wenchuang team can interact with knowledge finance experts with rich practical experience to solve doubts.
▲ The picture shows the creative team of Chung Yuan Christian University sharing their creative experience.
Patents and trademarks have different copyrights. Carefully selected works-intellectual property protection. After the creator completes his creation, he will immediately encounter the problems of cultural creation and intellectual property rights: "How should I protect my work? That is, whether creators should apply for or register intellectual property rights, and what kind of intellectual property rights can protect their rights and interests. Lawyer Liu Chengqing of Yisi Science and Technology Law Firm said that common intellectual property rights include copyright, patent right and trademark right, while the intellectual property management committee of cultural and creative industries needs different intellectual property rights for protection because of the different display methods and contents of the works themselves. He takes board games as an example. The "witty play" of board games is a patent category, which protects technical creativity. However, applying for a patent requires three elements: industrial utilization, novelty and progressiveness, and the application threshold is relatively high. The "design package or image design" of board games can be works of art. In China, copyright adopts creative protectionism to protect original and independent works, but it is better to protect ideas than to protect only the expression of works.
In addition, if a board game has a LOGO, it can apply for a registered trademark, that is, it can accumulate goodwill through a certain period of time. Therefore, creators should rationally plan the management of intellectual property rights and use appropriate intellectual property rights to protect their rights and interests according to the characteristics of their own works.
▲ Professor Li Zhiqing from Nantai University of Science and Technology exhibited his works.
▲ Lawyer Liu Chengqing of Yisi Technology Law Firm suggested that creators should not only clearly understand the scope of protection of patents, trademarks and copyrights, but also carefully choose appropriate intellectual property protection, and properly plan their own work authorization channels.
The creation of cultural and creative industries is diversified, and the density of intellectual property protection varies greatly. In view of the universality of cultural and creative industries, different creative types will also have different aspects of intellectual property protection. Professor Hu from the Law Department of Donghai University analyzed that the intellectual property protection of fashion design is relatively low, which is more in line with the operation mode of fashion industry. Fashion design industry has the characteristics of "pursuing fashion", and fashion often leads to mutual imitation and tribute. It is worth thinking that mutual imitation can be said to be a kind of plagiarism, but it is not fashion or trend without imitation. Obviously, plagiarism is a common phenomenon in fashion.
Moreover, this industry has also developed "fast fashion", that is, copying high-end fashion designs, but producing them in a low-cost and low-quality way. The rise of fast fashion also highlights that the fashion industry belongs to a relatively low level of intellectual property protection, that is, although the same elements are used, if the original design is reinterpreted and explained, and the differences between the original design and the original design are highlighted, such imitations can be classified as intellectual property protection. However, if it is an accurate copy of the original design, such complete plagiarism and plagiarism will detract from the value of the original design and cause substantial damage. Therefore, although the fashion industry has a special operation mode, it can still protect the intellectual property rights of creators to a certain extent.
▲ Professor Hu from the Law Department of Donghai University shared the current situation of intellectual property protection in American fashion design, and triggered thinking about the balance between the actual operation of the clothing industry and intellectual property protection.
Professor Lu Jianzhi from the Radio and Television Department of National Chengchi University shared the related issues of music copyright. With the diversification of music creation forms, such as remix or parody, there have been many disputes about plagiarism in music creation. Therefore, how the court determines infringement is an important key. Generally speaking, in addition to the identification criteria of scientific evidence, we will also refer to emotional factors and other comprehensive judgments. In addition, Lu Jianzhi, an assistant professor, explained that with the development of emerging technologies, the rise of streaming media platforms, compulsory licensing and reasonable use scope are all intellectual property protection topics that the music industry must keep pace with the times.
▲ Professor Lu Jianzhi from the Department of Radio and Television of Chengchi University shared a dispute case in the music industry. How to identify plagiarism and judgment criteria in music creation is an important intellectual and financial legal issue.
Multi-creators should pay attention to the signing authorization of cultural and creative industry disputes. In recent years, there are many cases related to cultural and creative industries. Lawyer Wang Zhanxing of Nanguo Chunqiu Law Firm shared common cultural and creative industry disputes, such as trademark disputes caused by too similar image designs. Trademarks should be recognizable, so generally speaking, the court will observe and judge them as a whole, including the appearance, concept and pronunciation of pattern design, and consider general social concepts and market transactions. And whether consumers with common knowledge and experience will "pay attention together" when purchasing when judging substantive similarity, which will lead to confusion and misidentification of trademarks from the same source or related brands. If the works of the student creative team need to be commercialized, or if they want to start their own business after graduation, lawyer Wang Zhanxing suggested that the creators make plans in advance, apply for trademarks and avoid subsequent lawsuits.
▲ It can be seen from practical judgment that there are many trademark or copyright disputes in the cultural and creative industries. Lawyer Wang Zhanxing of Nanguo Chunqiu Law Firm explained that the court will comprehensively judge whether there is substantial similarity or confusion.
In addition to trademarks, there are often disputes involving copyright in practice, such as "plagiarism" that creators are most worried about. For creators, creation requires painstaking efforts. If creation puts the defendant at risk, who will want to create it? Therefore, in order to avoid falling into plagiarism disputes, lawyer Chen Yanxun of Hengda Law Firm suggested that the creator keep the creative process.
As far as the actual litigation is concerned, whether it is accusing others of plagiarism or being accused of plagiarism today, the creator had better prove the "creative process". That is, by retaining the creative process to prove their independence and originality.
▲ In view of the plagiarism problem that the creator is most worried about, Lawyer Eason Chan of Hengda Law Firm suggested that the creator should keep the creative process and avoid the difficulties in subsequent litigation.
In addition, disputes over the ownership of copyright often occur in practice. Creators often have the opportunity to sign legal documents or contracts, such as authorizing others to use their own works. When signing an authorization contract, how to ensure the ownership of copyright and your own rights and interests? Lawyer Xing Qiumiao of Beichen Law Firm reminded that the contract should be clearly read, and the contract should specify the authorized object, scope, time limit, object and cost.
Pay special attention to the words "assignment" and "exclusive authorization" in the contract, because they are very effective. If the transfer is agreed, the copyright belongs to others; If an exclusive license is agreed, the author cannot claim the rights within the exclusive license. Lawyer Xing Qiumiao suggested that the exclusive authorized object should be cautious and make good use of the termination clause agreed in advance.
▲ Xing Qiumiao, a lawyer from Beichen Law Firm, explained the "copyright contract trap" in detail, especially reminding creators to be cautious when signing the contract and read the terms stipulated in the contract clearly.
▲ The host team of University of Science and Technology Beijing also invited the Intellectual Property Value-added Center of the Ministry of Education to provide intellectual property consulting offices for the guests.
In order to let creators know more about the current market situation of cultural and creative industries, the Legal Forum on Integrating International Cultural and Creative Practices and Intellectual Property Rights was held in Tainan on June 5, 5438+0/KLOC-0. Representatives of domestic and foreign cultural and creative companies and intellectual property experts in academic and practical fields were invited to exchange views on the promotion and protection of intellectual property rights in the international market.
Event registration link: reurl.cc/1qgv1w Free Registration 165438+ 10/0/5 Roundtable Forum.
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