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On September 28, 1995, the first trial of the fake painting infringement case in our country was concluded

On September 28, 1995 (the fourth day of the eighth lunar month), my country's first infringement case of fake paintings was concluded in the first instance.

The case of Wu Guanzhong, a member of the Standing Committee of the National Committee of the Chinese People's Political Consultative Conference, a professor of the Central Academy of Arts and Crafts, and a famous painter, v. Shanghai Duoyunxuan and Hong Kong Yongcheng Antique Auction Co., Ltd. for copyright disputes, was heard in a public hearing in the Shanghai Second Intermediate People's Court on September 28. Wu Guanzhong won the case. So far, this nearly two-year-old, the first fake painting infringement case in our country that has been widely watched by the society, has finally come to light and the truth has come to light.

On October 27, 1993, Shanghai Duoyun Xuan and Hong Kong Yongcheng Antique Auction Co., Ltd. jointly sold a painting "Portrait of Mao Zedong" in Hong Kong, with the words "Bombardment Headquarters, a big character poster of mine. Mao Zedong", signed "Wu Guanzhong painted at the Academy of Arts and Crafts 1962". Before the auction, Wu Guanzhong had told Shanghai Duoyun Xuan through the relevant units to take down this painting that was not painted by him and counterfeited his signature. However, after receiving the notice and written letter, Shanghai Duoyun Xuan still jointly auctioned with Hong Kong Yongcheng Antique Auction Co., Ltd. and even issued an expert appraisal opinion, saying that this was Wu Guanzhong's work, which caused the counterfeit to be purchased by others for 528,000 yuan in Hong Kong. For this reason, Wu Guanzhong filed a lawsuit with the former Shanghai Intermediate People's Court on July 16, 1994.

After extensive investigation and evidence collection by the court, in accordance with the provisions of the Copyright Law of the People's Republic of China and [Today in History Today]"General Principles of the Civil Law of the People's Republic of China", the court ruled as follows: 1. The defendant Shanghai Duoyunxuan and Hong Kong Yongcheng Antique Auction Co., Ltd. jointly auctioned the art work "Portrait of Mao Zedong" signed by Wu Guanzhong, which jointly seriously infringed on the plaintiff Wu Guanzhong's copyright, and the infringement should be stopped; 2. The two defendants published articles in Guangming Daily and People's Daily (Overseas Edition) to publicly apologize to the plaintiff to eliminate the impact, and the content must be reviewed and approved by the court; 3. The two defendants jointly compensated the plaintiff for losses of RMB 73000. The legal fee is RMB 2700, which is jointly borne by Shanghai Duoyunxuan and Hong Kong Yongcheng Antique Auction Co., Ltd.

The Second Intermediate People's Court of Shanghai Municipality issued a civil sanction decision at the same time, deciding to confiscate the illegal proceeds from the auction of fake paintings by Shanghai Duoyun Xuan and Hong Kong Yongcheng Antique Auction Co., Ltd. 48,000 yuan, and fined Hong Kong Yongcheng Antique Auction Co., Ltd. and Shanghai Duoyun Xuan RMB 50,000 yuan and 30,000 yuan respectively.

Plaintiff Wu Guanzhong did not go to Shanghai in person due to physical reasons, and entrusted lawyer Shen Zhigeng to appear in court on his behalf. Shanghai Duoyunxuan entrusted agent Dai Xiaojing to appear in court.

After the sentencing, the reporter interviewed the famous painter at Wu Guanzhong's home in Beijing. He said: "The counterfeiting of Chinese paintings has become very serious, almost destroying the reputation of Chinese paintings. The art world is calling for the rectification of the market. But neither appeal nor criticism has much effect. In the two years since the lawsuit was not decided, the proliferation of fake paintings has been particularly serious. Therefore, I and the Central Academy of Arts and Crafts and the art world all advocate the use of law to regulate and save." When asked what effect the lawsuit had had on him after so long, Wu Guanzhong said earnestly: "This case is the first in Chinese history to use law to solve the infringement of fake paintings. It is necessary to set an example for the future market, so the court must be very careful. It took a long time. I have indeed suffered a lot. But it is worth it to open the convenient door for everyone and turn on the first red light. I only hope that with the red light, the'traffic 'in the future can be regular."



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17WorldNews[2025.09.28-06:25] 访问:82
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