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Fujian Concluded Infringement Case of Paper Carving Lamp to Protect Inheritance and Innovation of Traditional Culture

After a recent hearing on copyright infringement dispute, and through repeated communication with the defendant before the court, the Mingxi county court at Fujian province finally settled the case with reconciliation of the plaintiff and defendant. The defendant removed all the goods involved from the shelves and fulfilled the compensation obligation. 

The plaintiff, a cultural media company in Chongqing, claimed that it had obtained the right to copy, to disseminate information on the Internet and related rights of the art works involved in the "Paper Carving Lamp Commodity Exhibition Group Picture" through authorization. The defendant, an e-commerce firm in Yong'an, used the above-mentioned art works on online sales platform without authorization, and sold related paper carving lamp products and made profits, which infringed the legitimate rights and interests of the plaintiff. The plaintiff hence demanded that the defendant shall immediately stop the infringement and compensate for economic losses. 

After careful analysis and examination, the intellectual property trial team of Mingxi Court believes that the plaintiff obtained the copyright of the art works involved through authorization, and such right belongs to an exclusive right. The defendant sold the work involved on the Internet without permission, which infringed the plaintiff's copyright and right to gain remuneration for the work. The defendant has indeed committed infringement, and should bear civil liabilities, including stopping the infringement and compensating for losses. 

The art of "paper carving lamp" involved in this case is a traditional Chinese folk handicraft, which contains profound folk culture and is the inspiration source of many handicraftsman. "Paper Carving Lamp" takes lamp as the carrier, which perfectly combines traditional culture with modern aesthetics, and demonstrates the unique beauty of paper-cutting. Through this case, Mingxi Court protected the copyright of "Paper Carving Lamp" art works according to law, explored the judicial protection methods of intangible cultural heritage, and contributed judicial power to promote the innovative development and creative transformation of cultural industry.