Chinese High People’s Court ruling sheds light on the protection of non-conventional works
Quan Yan-min, Xiaohao Zhang · Journal of Intellectual Property Law & Practice · 2021
Abstract Case Number 1037 of the High People’s Court of Shaanxi Province, People’s Republic of China (2020/ Shaan Min Zhong 1037), 1 November 2021 In a high-profile case involving copyright protection of a non-conventional work of culinary presentation, the appellate court, the High People’s Court of Shaanxi Province, found a culinary presentation eligible for copyright protection. Although the disputed culinary presentation Feizixiao (fair mistress’s smile) failed to meet the threshold for copyright protection as a work of fine arts, the court agreed to grant protection against unfair competition.