@article{49119,
      author = {Rentsch, Rudolf A, and Zingg, Raphael,},
      url = {http://tind.wipo.int/record/49119},
      title = {The Copyrightability of Works of Applied Art in China ‒  : Case Note of Guiding Case No. 157 by the Supreme  People’s Court of the People’s Republic of China.},
      abstract = {With comparatively new copyright laws, China’s courts  are still crystalizing the standards of copyrightability.  In recent years, case law has particularly clarified that  works of applied art qualify for copyright protection, but  the enforcement of such claims was long deemed risky in  practice due to the uncertainty regarding the  interpretation of the protection requirements.  Guiding  Case No. 157 of the Supreme People’s Court of the  People’s Republic of China demonstrates a newfound  consistency in the application of copyright protection  standards to works of applied art. Doctrinally, the case  law analysis highlights that Chinese courts have merged two  distinct copyrightability requirements, originality and  aesthetics, settling for that which we call a threshold of  ‘original aesthetics’.  Practitioners litigating  international portfolios should be aware of the potential  to successfully enforce copyright claims over works of  applied art in China. The doctrinal delineation between  originality and aesthetics is of importance not only within  the scope of academic research, but also serves trial  attorneys when pleading copyright infringement cases.},
      doi = {https://doi.org/10.1093/grurint/ikad102},
      recid = {49119},
      pages = {1 online resource (pages 1142–1145)},
}