Guangzhou Kangmou Co., Ltd. (hereinafter "Kangmou Company") and Guangzhou Baimou Co., Ltd. (hereinafter "Baimou Company") sold product packaging boxes that were similar to the artistic works for which Shenzhen Jianmou Co., Ltd. (hereinafter "Jianmou Company") held copyright. Consequently, Jianmou Company filed a lawsuit against Kangmou Company and Baimou Company for copyright infringement and unfair competition.
1.The works in question constitute artistic works protected under copyright law;
2.The allegedly infringing product packaging boxes are substantially similar to the works in question;
3.Kangmou Company and Baimou Company shall compensate Jianmou Company for economic losses and reasonable expenses incurred in enforcing its rights, totalling RMB 50,000. Kangmou Company and Baimou Company, dissatisfied with the first-instance judgment, filed an appeal.
1.Whether the works in question, being merely a simple combination of generic elements, constitute "works" within the meaning of copyright law;
2.Whether the patterns on the allegedly infringing products are similar to the works in question;
3.Whether the amount of compensation is appropriate.
The court of second instance held that:
1.Although the works in question are composed of generic elements such as a "sunrise**" pattern and naturally occurring "water surface**" or "**" scenes, they are not a mere piling together of public-domain elements. Rather, they represent a comprehensive intellectual achievement incorporating specific textual layout, colour matching, light and shadow treatment, and compositional proportions, possessing a certain degree of aesthetic design and reflecting a certain degree of originality and artistry. They therefore constitute artistic works protected under copyright law.
2.The above works for which Jianmou Company asserts rights have been publicly published, and Kangmou Company and Baimou Company had the opportunity to access them. The allegedly infringing product packaging boxes are substantially similar to the works in question in terms of overall shape, proportions, colours, and element layout, constituting substantial similarity. Although the text "Baimou", "ZHEN****YU" or "SHI*******HE" appearing on the allegedly infringing packaging boxes differs from the text "Cao*Haiyang" in the works in question and the text "Perfumer's Balm" on the side of the packaging boxes, the allegedly infringing products nevertheless used packaging that is substantially similar in appearance to the works in question, thereby infringing Jianmou Company's reproduction right, distribution right, and right of communication to the public over the works in question, and each party shall bear corresponding legal liability accordingly.
3.Taking into comprehensive consideration the nature of the infringing acts, their duration, the degree of subjective maliciousness, the scope of infringement, and the reasonable expenses incurred by Jianmou Company in enforcing its rights, the court exercised its discretion and ordered Kangmou Company and Baimou Company to pay Jianmou Company RMB 50,000 in compensation for economic losses and reasonable enforcement expenses. The amount of compensation so determined did not exceed a reasonable scope.
Therefore, the appeal was dismissed and the original judgment was affirmed.
Concluding Remarks
Both the courts of first and second instance held that artistic works refer to two-dimensional or three-dimensional works of plastic art, such as paintings, calligraphy, and sculptures, which are created by means of lines, colours, or other methods and possess aesthetic significance. An artistic work under copyright law must be an original expression possessing a certain degree of aesthetic significance. Although the works in question are composed only of generic elements such as a "sunrise**" pattern and naturally occurring "water surface**" or "**" scenes, they are not a mere piling together of public-domain elements. Rather, they constitute a comprehensive intellectual achievement incorporating specific textual layout, colour matching, light and shadow treatment, and compositional proportions, possessing a certain degree of aesthetic design and reflecting a certain degree of originality and artistry. They therefore fall within the category of artistic works protected under copyright law and shall be protected as such.
Reference: (2026) Yue 73 Min Zhong No. 322
Source: China Judgments Online
Author: Sun Qin