## Facts

- Hong Fuyuan (Hong), a batik artist from Guizhou Province, created a batik artwork titled *Harmonious Coexistence XII* in 2003, using traditional Guizhou batik themes (natural and geometric patterns) while adding his own artistic expression.
- In August 2009, *Harmonious Coexistence XII* was published in an art book featuring Hong’s batik works.
- On August 1, 2010, Hong transferred certain copyright exploitation rights in the work to Deng Chunxiang (Deng), excluding use on batik, and Deng obtained the right to enforce the transferred copyright property rights.
- Guizhou Wufufang Food Co., Ltd. (Wufufang) produced and sold food products using packaging and related materials designed by Guizhou Jincai Natural Culture Research & Development Co., Ltd. (Jincai).
- In 2011, Wufufang used batik-style art on packaging gift boxes and product brochures for items including Guizhou spicy chicken, Guizhou millet residue, and Guizhou pork jerky.
- Hong and Deng claimed that the flower-and-bird batik image used on Wufufang’s packaging and brochures substantially matched the expressive features of *Harmonious Coexistence XII*, with differences mainly in background and line colors.
- Hong and Deng sued for copyright infringement, seeking injunctive relief and damages of RMB 200,000, and also raised concerns that the packaging did not credit Hong.
- Wufufang argued that the packaging imagery came from traditional Gejia batik motifs (public cultural material), that it relied on Jincai’s design services and exercised due care, and that any use was limited and did not justify the claimed damages.
- During the proceedings, Jincai was brought into the case as a third party (and is often listed as a defendant in English-language case captions).

## Issues

1. Whether *Harmonious Coexistence XII*, as a work drawing from traditional folk batik motifs, qualified as a copyright-protected work for its independently created and creative expression.
2. Whether Wufufang’s use of a similar flower-and-bird batik image on product packaging and brochures constituted unauthorized reproduction of protected expression in *Harmonious Coexistence XII*.
3. Whether Wufufang could avoid or reduce liability by pointing to the traditional origin of the motifs, claimed independent creation from the same folk sources, or reliance on Jincai as a packaging designer.
4. What civil remedies were proper, including cessation of use, destruction of packaging and brochures, and the amount of damages.

## Decision

- The court held that *Harmonious Coexistence XII* was a copyright-protected work to the extent of Hong’s original expression, even though it drew from traditional Guizhou/Gejia batik patterns.
- The court found that the flower-and-bird imagery used on Wufufang’s packaging and product brochures was substantially similar to the protected expressive elements of Hong’s work, including the structure and modeling of the birds and flowers and the selection and arrangement of lines.
- The court treated differences in background and line color as insufficient to avoid infringement, characterizing them as a superficial change rather than new creative expression.
- The court held Wufufang liable as the producer and seller using the infringing packaging in commerce, and did not accept reliance on a third-party designer as a shield from infringement liability.
- Remedies ordered included:
  - Wufufang must pay RMB 100,000 in economic damages to Deng.
  - Wufufang must stop using the *Harmonious Coexistence XII* imagery (or infringing imagery) on the relevant product packaging after the judgment took effect.
  - Wufufang must destroy the infringing packaging boxes and product brochures for the involved products within a set period after the judgment took effect.
- The court rejected the plaintiffs’ remaining requests, including recovery of the full RMB 200,000 claimed and other relief beyond what the court granted.

## Legal Principles

- A work derived from folk literature or folk art can receive copyright protection for the parts that are independently created and show creative choices; traditional motifs as such remain free for public use.
- In assessing originality for a folk-art-derived work, courts focus on the author’s creative contribution (such as selection, composition, line treatment, and expressive detailing) rather than the fact that the work references shared cultural materials.
- Substantial similarity can be found where the accused design reproduces the protected expressive elements (structure, modeling, and line selection/arrangement), even if it changes colors or background.
- A producer or seller that uses infringing packaging in commercial distribution bears infringement liability even when the packaging was designed by an outside design company.
- Appropriate remedies for packaging-based infringement may include cessation, destruction of infringing packaging and related brochures, and damages set by reference to the evidence of loss, gain, and the scope of use.

## Conclusion

The Guiyang Intermediate People’s Court held that Hong’s *Harmonious Coexistence XII*—though inspired by Guizhou folk batik—was protected for Hong’s original expression, and that Wufufang’s substantially similar packaging and brochure imagery infringed; the court ordered Wufufang to stop use, destroy infringing materials, and pay RMB 100,000 in damages to Deng, while denying the plaintiffs’ additional demands beyond those remedies.


Hong Fuyuan and Deng Chunxiang v. Guizhou Wufufang Food Co., Ltd. and Guizhou Jincai Natural Culture Research & Development Co., Ltd., ZZMCZ No. 17 (2015)