The LEHMAN, Lee & Xu China Trademarks Newsletter keeps you up to date on recent developments in China Trademark law and practice
Copycat Terracotta Warriors Cause IP Uproar
The China Terracotta Warriors of Xi’an are known around the world. The originals are located in Shaanxi province, in central China, and were crafted in 221-206 BC. Now it seems replicas of these original Terracotta Warriors have made an appearance in a so called “5,000-Year” Culture Expo Park” in Anqing, Jiangsu, over 1,000 kilometers from the original site.
The Chinese internet is in an uproar over whether these “counterfeits” should be considered a form of intellectual property infringement. The owner of the replica soldiers has said that his park has no intention of infringing on any intellectual property rights, and has never claimed to be the site of the authentic Terracotta Warriors.
China’s IP lawyers are in conflict too. Most of course agree that there would be no basis under China’s Trademark law to claim infringement. However, China legal experts will recognize that the attempt to profit from clearly fake Terracotta Warriors can be said to harm the original site, and constitute unfair competition.
No litigation has yet been filed in the brewing dispute, yet this case may demonstrate to our readers that even where protection may not be found under China’s Trademark Law, a claim may still be pursued via other avenues such as violation of unfair competition provisions. If you business has suffered harm at the hands of China counterfeiters contact your China lawyer to review your options under an Unfair Competition claim.
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