The term "two-dimensional figurines" refers to collectible models crafted with high-precision techniques, based on characters from two-dimensional cultures such as anime and games. This encompasses various finished and semi-finished character models. The core of a figurine lies in its degree of 还原 (reduction) of the character's image, including the detailed presentation of elements like clothing, expressions, and poses. Themes span across anime, games, original IPs, and other genres.

Core Legal Basis for Copyright Protection of Figurines

Principle of Automatic Copyright Protection

Under the Copyright Law, any original anime character image (such as a figurine prototype) is automatically protected by copyright upon creation, requiring no additional registration. As a three-dimensional expression of an anime character, unauthorized replication or sale of a figurine may constitute infringement of the original work's reproduction right and adaptation right.

Application of Merchandising Rights

Elements like the name and image of an anime character, which generate commercial value due to IP popularity, may involve "merchandising rights". Although this right is not explicitly stipulated in Chinese law, it is indirectly protected through clauses on trademarks and unfair competition in judicial practice. For example, producing and selling figurines of popular characters without permission may be deemed as infringing the right holder's market interests based on the character image.

  Criteria for Infringement Determination

Direct Use of Original Elements Constitutes Infringement

If a figurine directly copies the original designs of the original work in clothing, expressions, or poses (such as a character's iconic decorations or unique emoticons), even with minor adjustments to partial details, it may still be 认定 (determined) as infringement if it retains the "soul" and core features of the original character. For instance, the smoky makeup of "Ne Zha" and the artistic designs of the "Molly" series are uniquely iconic.

Commercial Use as a Key Factor in Infringement Determination

Personal production of figurines for appreciation or study is generally not considered infringement, but profit-driven reproduction or sales (including live-streaming sales and e-commerce platform transactions) often constitute infringement.

 (In 2024, the four major self-owned IPs of POP MART—THE MONSTERS, MOLLY, SKULLPANDA, and CAYBABY—each generated revenues exceeding 1 billion yuan, becoming the company's core growth engines. Image from POP MART's official website)

 Legal Consequences

Civil Liability

Infringers must bear liabilities such as ceasing the infringement, destroying infringing products, and compensating for losses. The compensation amount is determined based on factors like the scale of infringement and profit situation.

Example 1: An amusement park in Xiamen was sued for 仿制 (copying) "Boonie Bears" sculptures. The court held that even though there were differences in expressions and body movements between the sculptures and the Boonie Bears works, their overall image and main design features did not deviate from the basic expression of the works, still reflecting their artistic beauty and 趣味性 (fun). The park was ordered to pay 40,000 yuan in compensation for infringing the right of exhibition.

Example 2: A clothing company was sued for copyright infringement for producing and selling clothes and bags featuring the artistic images of "Molly", "Labubu", "Skullpanda", and "Dimoo" through short videos, live-streaming sales, and online stores on multiple Douyin accounts. The court awarded 5.02 million yuan in economic losses and reasonable expenses, considering factors like the infringer's subjective intent, duration of infringement, and infringement scale.

Administrative and Criminal Penalties

Copyright authorities may impose administrative penalties such as warnings, confiscation of illegal gains, and fines on infringers.

Severe cases (such as huge illegal gains) may violate criminal law.

 Rights Protection Paths

Right holders can protect their rights through the following means:

01. Fix Evidence: Preserve physical infringing products, purchase vouchers, screenshots of promotional pages, etc.

02. Negotiation or Complaint: Communicate via lawyer's letter or report to copyright authorities.

03. Litigation: File a civil lawsuit for compensation or promote criminal case filing.

Suggestions for Right Holders to Avoid Infringement

Obtain Lawful Authorization: Review the authorization chain to ensure the legal source of the figurine prototype, and avoid using fan works without adaptation rights. Obtain written authorization from the original copyright holder (such as game companies or film producers) before producing or selling figurines, and clarify the scope of authorization.

Focus on Original Design: When re-creating traditional characters, add significant original expressions (such as new clothing or expression designs) to avoid confusion with the original work.

Intellectual Property Registration: Apply for design patents or copyright registration for original figurines to enhance the effectiveness of rights protection.

Trademark Layout: If the figurine is associated with a brand (such as a series name), consider registering trademarks to prevent others from squatting.

Distinguish Usage Scenarios: Non-commercial uses (such as personal collection or home display) may be exempt from infringement liability, but public dissemination or mass production requires caution.

Through the intellectual property protection of two-dimensional figurines, on the one hand, creators can ensure their exclusive rights to works, prevent unauthorized use or replication, safeguard their legitimate interests, and encourage more creators to invest in the design and production of two-dimensional figurines, promoting industry development and innovation. On the other hand, it ensures that consumers purchase genuine figurines, enhancing their user experience.