<p>The determination of copyright infringement is not dependent on the relative proportion of the infringing component (here: the image of a farmer carrying a hoe makes up only a small portion of the contested trade mark but, being substantially similar to prior copyright, harms existing prior rights of others in the sense of Art. 32 of the Trade Mark Law).</p>

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“Farmer Holding a Hoe”

摘要

The determination of copyright infringement is not dependent on the relative proportion of the infringing component (here: the image of a farmer carrying a hoe makes up only a small portion of the contested trade mark but, being substantially similar to prior copyright, harms existing prior rights of others in the sense of Art. 32 of the Trade Mark Law).