Tianjin “clay figurine zhang” two companies share the descendants fight in court

a lot of people know the tianjin & other; Clay figurine zhang & throughout; , but don’t know if it is Shared by two companies legal brand, is a & other Clay figurine zhang & throughout; The descendants of the founder of the proprietary & other; Clay figurine zhang family painted plastic throughout the old mill &; (hereinafter referred to as & other; Clay figurine zhang family & throughout;) And the other a state-owned & other; Clay figurine zhang painted sculpture studio & throughout; (hereinafter referred to as & other; Clay figurine zhang studio & throughout;) . Because of interest, the two companies always have dispute.

a few days ago, & other; Clay figurine zhang family & throughout; General manager Ms. Cheung will & other; Clay figurine zhang studio & throughout; Worker modest to court, reason is: Chen Yiqian in the media are avowedly & other; Clay figurine zhang sixth generation descendant & throughout; , and promote their products, they think it is not only the false propaganda, more violated & other; Clay figurine zhang & throughout; The enterprise name right. At present, the case is tianjin municipal higher people’s court.

the expert thinks, the surface is & other; Heir struggle & throughout; , the essence of which is & other; The dispute of intellectual property rights & throughout; . Along with the market and commodity consciousness enhancement, many similar & other; Clay figurine zhang & throughout; Intangible cultural heritage of folk art, intellectual property disputes.

& other; Heir & throughout; Battle of

zhangyu, says he is & other; Clay figurine zhang & throughout; Painted sculpture, founder of the sixth generation of Raymond cheung, sun is & other; Clay figurine zhang & throughout; Clearing & other; The sixth generation descendant & throughout; , and Chen Yiqian just & other; Clay figurine zhang studio & throughout; The worker, and zhangyu family blood relationship and marriage without any relationship. But starting in 2010, Chen Yiqian on the media such as magazines and websites are avowedly & other; Clay figurine zhang sixth generation descendant & throughout; .

& other; If called, there should be a word. And my father and I are not admitted Chen Yiqian is & lsquo; Clay figurine zhang & rsquo; The sixth generation of descendants. Throughout the &; Ms. Cheung said Chen Yiqian can say oneself is & other; & lsquo; Clay figurine zhang & rsquo; Studio senior technician & throughout; , also can say oneself & other; In & lsquo; Clay figurine zhang & rsquo; Painted sculpture work & throughout; , but can’t say & other; Clay figurine zhang & throughout; Heir.

Ms. Cheung said, as & other; Clay figurine zhang studio & throughout; Staff, Chen Yiqian in use & other; Clay figurine zhang & throughout; Name, must be used together with the name of the entity. While its & other; Clay figurine zhang sixth generation descendant & throughout; , clearly violated zhangyu affiliated companies & other Right to enterprise name & throughout; .

Chen Yiqian, according to their teens start from & other; Clay figurine zhang studio & throughout; Advanced crafts LuTong, zhi-zhong Yang, learn NiCaiSu, department division, was handed down disciple of Yang two people so called & other; Clay figurine zhang descendants throughout the &; There is nothing wrong with this, just a & other; Nations gaiden & throughout; Just.

intellectual property dispute

the expert thinks, the lawsuit ostensibly & other; Heir struggle & throughout; , the essence of which is & other; The dispute of intellectual property rights & throughout; . Art, can you to inheritance, the brand, has exclusive.

in fact, Ms. Cheung won’t everyone just & other; Clay figurine zhang & throughout; As a kind of art, he is more willing to see it as a brand, just like Coca-Cola, apple and so on, have ownership. He even the truth, the lawsuit & other; Is not about art, about rights & throughout; That is a battle over the rights and interests.

browse & other; Clay figurine zhang & throughout; History, for decades, around & other; Clay figurine zhang & throughout; Property rights disputes, in addition to & other; Clay figurine zhang studio & throughout; With & other; Clay figurine zhang family & throughout; Fight, and tianjin & other; Clay figurine zhang & throughout; With the field & other; Clay figurine zhang & throughout; Battle.

tianjin academy of social sciences researcher wei-kai wang said, to a certain extent, & other; Clay figurine zhang & throughout; Destiny, is our country folk art in the commercial tide impact the evolution of a microcosm. Long-term since, our country many folk art did not appear as product brand, brand for future battle planted hidden dangers. Along with the market and commodity concept, folk arts and crafts, such as old brand value is increasingly protruding, intellectual property disputes.

the higher people’s court trial committee of tianjin Li Bao full-time members, our intellectual property legislation late, formed in the field of folk art, non-material cultural heritage litigation cases. Such cases, the key to clarify what is the question, what is the legal question, what kind of artist what kind of rights in law, etc.

at present, our country has not specialized intellectual property law, folk art last year formal implementation of the intangible cultural heritage law only is a administrative law, the behavior of the administrative department of government and main specification, and intellectual property rights belong to the category of civil.

there are also the expert points out, folk literature and art of the intellectual property issues than the writer and the artist individual creation of copyright is much more complex, a lot of folk literature and art of the original ownership is not very clear, sometimes difficult to determine who is right subject. Some people even think that folk literature is a collective work, everybody can use, no intellectual property issues.

Market debate about

in fact, with & other; Clay figurine zhang & throughout; , many folk arts are facing market confusion. Wei-kai wang last year found a research project, tianjin 100 folk art, there are more than 20 lost due to out of time and market. & other; Lost the reason, one is the lack of protection and support, the second is from the market cannot keep pace with The Times, three is in the endless disputes. Throughout the &; Wei-kai wang said.

it seems to many experts, treatment of folk art & other; Date & throughout; And & other Lost & throughout; The pain of marketization is fundamental. Tianjin museum of Chen Ke said, as the brand and trademark consciousness enhancement, people pay more and more attention to the value of culture, a lot of folk art through the market and grow stronger. & other; Folk art must be combined with the modern aesthetic, fashion elements, to find ways to integrate into the market. Throughout the &;

wei-kai wang said that art can draw equal-sign with and commodities is a problem worthy to be discussed. If everything in terms of market, that has commercial value and market potential of folk art, may be you are scrambling to grab attention, and those who have not registered the folk art, going to decline and may not have the market.

cheung is also worry that excessive market development will ruin the & other; Clay figurine zhang & throughout; This brand. He said, the current our country many folk art is facing the risk of the dissimilation of the market.