China Copyright Protection for Applied Art

Home | China Law Blog | China Copyright Protection for Applied Art Works of applied art are entitled to copyright protection in their own right With no explicit provisions in China's copyright law for the protection of works of applied art, courts have until now used different approaches when considering the issue. In some cases, protection has been extended based on the protections afforded to works of fine art. However, in last year's Guiding Case No. 157 (指导案例157号), the Supreme People's Court (SPC) endorsed the view that works of applied art are entitled to copyright protection in their own right. Applied art refers to "an artistic work applied to objects for practical use, whether handicraft or works produced on an industrial scale." Examples of applied art drawn from Chinese jurisprudence considering the issue include the Hennessy Paradis bottle and ALPA cameras. As a signatory to the Berne Convention, China is obliged to protect such works. However, the Copyright Law and its implementing regulations are silent on the topic of applied art. Some courts have opted to rely on the Copyright Law's protections for works of fine art (Article 3(4)). A couple of years ago, however, a court ruled that works of applied art were entitled to copyright protection, without reliance on provisions regarding works of fine art. In the Tang Yun Cloakroom Furniture (唐韵衣帽间家具) case, copyright protection was sought for a wardrobe "with an overall design of wood color lines, metal parts, Chinese-style symmetrical arrangements, and combined Chinese and Western elements." Counsel for the party claiming infringement successfully argued that "as long as they meet the requirements of originality, reproducibility and a certain level of an artistic or aesthetic value, works of applied art (such as furniture) should be entitled to copyright protection under a different category from works of fine art." The SPC noted that, "in the case where the practicality and artistry of a work of art cannot be separated, it cannot be a work of art protected by copyright law." Needless to say, determining if practicality and artistry can or cannot be separate is not a straightforward question. Despite the top court's high-level pronouncement on applied art copyright, courts around China will continue to delineate the contours of which works are entitled to protection. With this in mind, brands should guard against overreliance on the uniqueness of their product designs in their marketing strategies, no matter how stunning those designs are. Check Out Our China Law Services Share Twitter Facebook LinkedIn E-mail Comment Fred Rocafort Fred leads Harris Sliwoski’s intellectual property practice and is the coordinator of the firm’s international team. Much of Fred’s practice consists of helping cannabis businesses protect their brands. He also works with entrepreneurs and companies entering the Web3 space, a new frontier for IP law. Prior to joining Harris Sliwoski, Fred worked overseas for more than a decade, in both government and private sector roles. Fred is a regular contributor to the award-winning China Law Blog and Canna Law Blog. Fred began his career overseas as a U.S. consular officer in Guangzhou, China, where he advocated for fairer treatment of American companies and citizens in China and for stronger intellectual property rights enforcement. After entering the private sector, Fred worked at a Shanghai law firm as a foreign legal advisor and later joined one of the oldest American law firms in China, helping foreign companies navigate the Chinese legal environment. He also led the legal team at a Hong Kong-based brand protection consultancy, spending most of his time out in the field, protecting clients against counterfeiters and fraudsters in Greater China, Southeast Asia and Latin America. In addition to his IP work, as a native Spanish speaker, Fred works closely with different Harris Sliwoski teams on Latin America and Spain matters. Fred also provides advice to cannabis industry participants and other businesses on import and export transactions. Fred is an ardent supporter of FC Barcelona—and would be even in the absence of Catalan forebears who immigrated to Puerto Rico in the mid-1800s. Harris Sliwoski Attorney Read more posts [email protected] Read More Intellectual Property (IP) Related Posts September 15, 2026 Your AI-Drafted China Contract Says It Needs a Lawyer. Listen to It. September 11, 2026 Forensic Accountants in China Business Litigation: How True Numbers Can Tell the Wrong Story September 4, 2026 China NNN Agreement or Trademark Registration? You Usually Need Both September 1, 2026 AI Didn't Replace Lawyers. It Gave Us the 48-Page Contract. August 27, 2026 Do I Need a China NNN Agreement or a China Manufacturing Agreement? Usually Both. 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