A comprehensive view of the integration with the international market and the creation of industrial intellectual property rights

In recent years, the public has gradually become familiar with "cultural and creative industries", but in fact, "cultural and creative industries" have long been in our lives. Cultural and creative industries cover a wide range, from TV, movies, radio, pop music, performing arts, product design, architectural design and other fields to the daily use of linear maps. Every work is a very important asset for creative workers, but many creative workers ignore the protection of their own works and their own rights and interests because they don't understand the relevant legal norms, which leads to disputes.

A few days ago, the Ministry of Education entrusted the team of National Taipei University of Technology to hold the third "International-Cultural Creative Practice and Intellectual Property Law Forum" on law education of art departments in colleges and universities on 108. Invite workers, scholars and lawyers from different fields at home and abroad to share the legal problems of intellectual property rights that workers in cultural and creative industries will encounter from the macro international market perspective. The guests who spoke at the meeting included lawyer Suebsiri Taweeopn from Thailand, researcher Mao Wuyun from the Cultural and Creative Marketing Department of the Palace Museum, director Ma Yanhua from Discovery Content Distribution Department, founder CEO Lin Jiafeng from Story Factory, director of Taiwan Province Economic Research Institute, lawyer from international law firm, professor Chen Siting from the Law Department of national cheng kung university, and lawyer Zheng from Kaohsiung Jianye Law Research Institute. Speakers at the meeting shared the problems of intellectual property law encountered in the practice of cultural innovation in various fields, and exchanged and discussed them on the spot and among themselves.

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▲ 108 The 3rd Law Education Forum of Art Department in Colleges and Universities "Connecting with the International —— Cultural Creative Practice and Intellectual Property Law Forum" began with interpretation, with lawyer Suebsiri Taweeopn, professor Chen Siting from the Law Department of National national cheng kung university, professor Jiang Yaqi from the Intellectual Property Institute of University of Science and Technology Beijing, director Ma Yanhua from Discovery Content Distribution Department, and researcher Mao Wuyun from the Cultural and Creative Marketing Department of the Palace Museum.

IP (Intellectual property) Intellectual Property We often hear the word "intellectual property", but what is it? Suebsiri Taweeopn, a Thai lawyer who has been specializing in legal work such as intellectual property registration and commercialization of cultural and creative products for many years, said that the "creativity" of intellectual property protection will be included in the scope of protection as long as it meets the requirements stipulated in the intellectual property law. For example, a chair with "the overall appearance of industrial design" is protected by intellectual property because it protects "the creativity of industrial design". In addition, intellectual property rights are the results of protecting human spiritual activities, and protection usually has a certain period of time to achieve the balance between intellectual property protection and social progress.

Lawyer Suebsiri Taweeopn emphasized that "intellectual property" is different from the property of general entities. It is an intangible asset, which cannot be seen or touched. Intangible products need to be protected by intellectual property law. Common intellectual property rights include trademarks, copyrights, patents and trade secrets, and different intellectual property rights have different protection scopes. He especially reminded all creative workers that they must first confirm what kind of IP their works have, whether they can be protected by intellectual property rights, and register trademarks or apply for patents according to their own needs and purposes in order to get complete protection. Lawyer Suebsiri Taweeopn also shared the case of Thailand, where there are many copyright disputes, so creative workers should pay special attention to "copyright verification", that is, produce evidence to prove their IP.

▲ (left) Lawyer Suebsiri Taweeopn works in a well-known law firm in Thailand, specializing in legal work related to intellectual property registration, commercialization of cultural and creative products, and litigation around the world. He shared many cases and explained the scope and relevant regulations of intellectual property protection in a simple way. (Right) Researcher Mao Wuyun shared the projects actually operated by the Forbidden City. In recent years, the Forbidden City has actively cooperated with brands in Taiwan Province Province to concretize the cultural relics displayed in the museum and launch products that are closer to the public, such as doll maps and series of movies. These authorized IP products are also used to participate in authorized exhibitions abroad, expand the international market and increase the possibility of museum brand development.

In the past, people's impression of the museum was very serious and blunt, but as long as some ideas were added, the cultural relics of the museum could be reused and IP products that could be in line with international standards could be developed. For example, in recent years, the Forbidden City has actively cooperated with brands in Taiwan Province Province to concretize the cultural relics displayed in the museum, and launched products that are more accessible to the public, such as doll maps and series of movies. These authorized IP products are also used to participate in authorized exhibitions abroad to expand the international market and increase the possibility of museum brand development. Mao Wuyun, an assistant researcher, said that "IP licensing industry" is not very popular in Taiwan Province Province, but it can be understood by the concept of "joint name". By recreating the uniqueness of IP and developing more commercial value through IP authorization, it can be said that it provides a new thinking direction in IP management. He also encouraged that if we want to connect with the international market, we should first analyze the main market, understand the relevant content of authorization, make a series of plans and then negotiate to create value-added effects.

There are also many cases of intangible intellectual property evaluation to enhance brand value and enterprise capital practice, but how much is "intellectual property" worth? Intellectual property rights are different from other physical assets, and there is no standard for pricing. Story Factory is the first company in Taiwan Province Province to evaluate the intangible intellectual property rights of the performing arts industry. CEO Lin Jiafeng also broadcast wonderful clips of stories such as "Man's argot" and "Three Zhuge Liang" on the spot, saying that the idea of "valuation" was originally put forward to increase the company's capital, which is conducive to financing and expanding markets in other regions. Therefore, through the cooperation of financial law and evaluation institutions, the output value will be transformed into foreseeable expectations in the future. Taking the story factory as an example, the main items of appraisal are performance script, work team and working environment, and it is necessary to provide the actual transaction volume and box office data in the past as the basis for the appraisal of intangible intellectual property rights.

Sun Zhili, director of Taiwan Province Economic Research Institute, said that "the value lies not in its greatness, but in the relationship between supply and demand". Therefore, the first condition of price evaluation is to clarify the purpose of price evaluation, because different purposes will produce different values. Generally speaking, technology evaluation has two bases: fair value and investment value. The transaction price of a technology transfer is fair value, while the investment value focuses on the future commercial value of this technology, so it may be lower or higher than fair value. The evaluation methods of technology evaluation include cost method, market method, income method and auction method, among which the most common method is "market method", that is, the value of technology is evaluated according to the same or similar technology in the technology market. In view of the important value of intellectual property rights in cultural and creative industries, we also need to be relatively cautious in price appraisal.

▲ (left) Lin Jiafeng, founder and CEO of Story Workshop, said that in order to increase the company's capital, it is easier to raise funds and expand markets in other regions, the idea of "evaluation" will initially arise. Therefore, through the cooperation of financial law and evaluation institutions, the output value will be transformed into foreseeable expectations in the future. (right) Sun Zhili, director of the Taiwan Economic Research Institute, said that "the value lies not in its greatness, but in the decision of supply and demand". Therefore, the first condition of price evaluation is to clarify the purpose of price evaluation, because different purposes will produce different values.

Infringement of intellectual property rights and pirated websites are an important threat. According to statistics, the monthly mobile phone network traffic of Taiwan Province readers is among the best in Asia, and readers' habits have also changed from the past TV platform to the network platform. Therefore, the first impact is the advertising revenue and authorized revenue of TV channels, followed by the most critical network audio-visual platform and pirated websites. Merry ma Hua, senior director of Discovery's content distribution department, stressed that the rampant pirated websites have a great impact on the development of the audio-visual industry. Online pirated websites refer to the unauthorized placement of valuable content played by channels on the online broadcasting platform for free. Pirated websites not only involve infringement, but also cause the dilemma that legal channels pay high licensing fees to get resources to play, but can't get reasonable income. Director Ma Yanhua also shared practical cases abroad. Obviously, piracy is a global problem. In addition to * * * companies establishing laws and regulations, many operators provide consumers with more audio-visual environment through OTT(Over The Top) service, which is also a new choice for the media industry.

▲ (left) Director Ma Yanhua of Discovery Content Distribution Department explained the importance of "authorization" and the seriousness of "piracy infringement" from the perspective of TV industry. (Right) Professor Chen Siting from the Law Department of the National national cheng kung university explained that "the copyright law protects expression, not ideas and concepts themselves". Therefore, from the legal point of view, even if the concept of tribute is creative, it may still be considered as a copy or adaptation.

In addition to piracy, we often see many cases of suspected plagiarism in practice. If the creator puts forward the concept of "tribute" to rehabilitate himself, there seems to be a vague zone between plagiarism and tribute, which is very confusing. Chen Siting, an associate professor in the Law Department of National national cheng kung university, explained that copyright law protects expression, but not ideas and concepts themselves. From the legal point of view, the concept of tribute, even if it is creative, may still be regarded as a copy or adaptation. If it is regarded as adaptation, it is equivalent to infringement of copyright. He used a series of movies with a series of screams and laughter as examples to show that many movie scenes in the movies are very similar in expression and presentation. In fact, plagiarism is controversial.

As the saying goes, there is specialization in art, even in the field of cultural creation, different cultural and creative works will have different stresses. Lin Boyan, a lawyer from Li Qin International Law Firm, explained the copyright of photographic works with the principle of "aesthetic indifference". Basically, photography is protected by copyright as long as it has conceptual conditions, such as decoration, lighting, angle, aperture and focal length. , plus beauty. But whether practical photography is original or not is also controversial. He suggested that creators can verify the shooting process and save the creative process, which can not only prove that their photographic works are original after conception, but also avoid the dilemma of being unable to prove when they are infringed.

▲ (left) Lawyer Lin Boyan of Li Qin International Law Firm uses the principle of aesthetic non-discrimination to explain the copyright of photographic works. Photographic works are protected by copyright as long as the composition is original. (Right) Lawyer Zheng of Jianye Law Kaohsiung also reminded the line drawing creators that the characters can be better protected by intellectual property rights such as copyrights and trademarks, but to avoid infringement disputes, it is best to keep the creation process.

Lawyer Zheng of Kaohsiung Jianye Law Firm shared the practical case of "line drawing". In recent years, the rapid development of linear maps has attracted many creators to design their own maps, but the image design of maps has been copied. One way to avoid controversy is to keep the original creative process. In addition to the 50-year protection after the death of copyright, the image of the mapped character can also be protected by registered trademark 10 year, thus obtaining more perfect protection.

▲ Communicate with the speaker and have a warm interaction on stage and off stage. From left: Lawyer Zheng from Kaohsiung Jianye Law Institute, Associate Professor Chen Siting from national cheng kung university Law Department, Professor Jiang Yaqi from Institute of Intellectual Property, University of Science and Technology Beijing, lawyer from international law firm and founder CEO of Story Workshop Lin Jiafeng.

Professor Jiang Yaqi, the event planning host, said that many creative workers have no legal background and many lawyers have no practical experience in the creative industry. Since September, the activity plan has planned three legal forums on creative practice and intellectual integration in North China, Central China and South China, respectively, in the form of local workshops, campus creative exhibitions and international forums, aiming at different types of creative industries: from literature, audio-visual, design, music, cultural relics, performances, and from law. Participants in the three activities include campus creative teams, practical creative workers, intellectual property law scholars, lawyers and judges. The content is rich and substantial, and the team also cooperates with Taiwan Province Intellectual Property Value-added Operation Management Center to arrange on-site intellectual property consulting services. It is expected that through the series of lectures, the creators will be helped to understand how to protect their own creations, lay the intellectual and financial knowledge of cultural and creative industries, and let Taiwan Province continue to blossom the flowers of cultural and creative industries.