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28th Batch of SPC Guiding Cases (2021)

最高人民法院第28批指导性案例

Type of documents Typical Cases

Issuing body The Supreme People's Court

Promulgating date Jul 30, 2021

Scope of application Nationwide

Topic(s) Intellectual Property

Editor(s) Yuan Yanchao 袁燕超

On 30 July 2021, the SPC released the 28th batch of guiding cases, including six cases (No. 157-162) concerning the copyright infringement, such as the case of Crosplus Home Furnishings (Shanghai) Co., Ltd. v. Beijing Zhongrong Hengsheng Wood Industry Co., Ltd. and Nanjing Mengyang Furniture Sales Center, etc.

In the copyright infringement cases of Crosplus Home Furnishings (Shanghai) Co., Ltd. v. Beijing Zhongrong Hengsheng Wood Industry Co., Ltd. and Nanjing Mengyang Furniture Sales Center, the court held out that the art product with originality, artistry, practicability and reproducibility, whose artistry is separated from its practicability, can be recognized as utility works of art, and be protected as works of art by the Copyright Law. The utility works of art protected by the Copyright Law must have the feature of artistry, and the Copyright Law protects the artistry of utility works of art rather than practicability.

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