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Protection Measures on Textile Pattern Copyright

source: china textile prints 2009-04-13  

In the middle of November, Shaoxing County formulated Protection Measures on Textile Pattern Copyright in China Textile City which confirms the legal copyright of textile pattern registration protection and other relevant ones. The method is divided into 5 strict and practical chapters as the general chapter, pattern copyright registration, legal liability, and supplementary articles.

Under Shaoxing County Industrial and Commercial Bureau and entrusted by Zhejiang Provincial Copyright Registration Administration, China Textile City Textile Pattern Copyright Registration and Management Office handles the first procedure of pattern copyright registration, dispute mediation and taking evidence to the management of pattern.

Register Your Own Works

Copyright, i.e. right of authorship, exists automatically after the innovation, without taking registration as the prerequisite. The Government encourages the owners of pattern copyright apply for pattern copyright registration timely, which protects the rights of the owner. As for the stipulation of registration, the Protection Measures has illustrated specifically.

The scope of the applicants for pattern copyright registration covers private-owned operators, legal persons and other organizations possessing business in China Textile City. The pattern design used for registration applying must belong to the applicant, for which there are three situations: a. The original pattern design. b. The transferred pattern design. c. The inherited pattern design.

When applying for pattern copyright registration, the applicant should firstly apply to the Pattern Management Office, and submit documents as the application form, the registration form, the copyright guaranty, pattern design specification, pattern copyright owning proof and protocol, relevant right owner identification, sample pattern design etc..

Pattern copyright can be altered at any time if the applicant applies for the alteration of pattern design copyright.

If the application is in accordance with the prerequisite, the Pattern Management Office will complete the first procedure in 5 working days, and then send to Zhejiang Provincial Copyright Registration Administration in another 5 working days.  When the design passes through the examination and verification, the Pattern Management Office will take charge of handing down the certificate.

6 Ways against Pattern Infringement

The Protection Measures strictly stipulates the pattern protection. Any citizen, legal person or organization is prohibited to copy, pass off the pattern whose copyright is owned by others. Operators can’t use unauthorized pattern owned by others or similar ones in the textile operating by themselves. Operators can’t sell unauthorized products with the same or similar pattern. If only the material belongs to commercial secret, the oblige shall implement the security measures, operators and concerned staff shouldn’t carry out the unfair means to gain, reveal or use the commercial secrets belonging to the oblige.

If infringed, the oblige is able to protect his right in 6 ways, such as, settlement by agreement, applying for mediation for industrial association and chamber of commerce, pattern management office, lodging a complaint to concerned administrative department, applying for arbitration in China Textile City Textile Dispute Arbitration and Mediation Office or to other arbitration organizations.

Severe Punishment on Infringers

Those infringers, who use the pattern copyright by offering false materials or copy others’ pattern copyright, should shoulder relevant legal liability. Those who destroy the public interest, and even alleged involvement to crime, should be responsible for crime and investigated by public security departments.

The Protection Measures also advocates the good faith supervision system, those who have twice of pattern copyright infringement records or gaining pattern copyright by offering false materials, will be refused on their application for pattern copyright registration.