Recently, some netizens broke the news that the promotional images of the Daqin Exhibition Hall in Hangzhou were inconsistent with the actual images. They believed that the terracotta warriors and horses in the exhibition hall had dull expressions and rough appearances, which formed a huge contrast with the perfect image previously promoted.
On the morning of Sunday (March 24), a reporter from Chengshi Interactive came to the B2 floor of the Sunken Plaza of Wulin Plaza and found this exhibition hall called "Into Da Qin".
58 yuan per adult ticket
What is included in this "Terracotta Warriors and Horses Exhibition"?
At around 10 a.m., people lined up to enter the venue. The staff told reporters that not many people bought tickets on site. They usually purchased tickets online and then canceled them on site.
The reporter saw that "Today's special price" was marked behind the counter of the exhibition hall: preferential tickets (children's tickets) are 38 yuan, and adult tickets are 58 yuan. In addition, there are parent-child tickets, double tickets and sets of two large and one small. ticket.
The reporter bought a ticket on site, and the staff issued a paper ticket to the reporter. The reporter saw that the ticket only marked the precautions for participating in the exhibition. The reporter had not seen any notes from the relevant organizers on the ticket, on the posters inside and outside the exhibition hall, and on the door.
The visiting process of the entire venue is relatively linear. Through partitions and other methods, the terracotta warriors and horses exhibits, written materials, video displays and other display contents are divided into different areas. There are also experience activities such as archery, with staff wearing red vests standing by. guide.
After entering the exhibition hall, you can see four terracotta warriors and horses on each side placed inside the glass display cabinet. Each terracotta warrior and horse exhibit has a corresponding label. Some parents who bring their children will let their children stand next to the Terracotta Warriors and Horses for a group photo.
Inside the exhibition hall, in addition to a large amount of written materials on both sides, there is also a carriage exhibit; a terracotta warriors and horses sand table is surrounded by children, and dozens of small terracotta warriors and horses models are placed on the sand table; there is also an LED display screen in the exhibition hall. Information videos related to the Qin Kingdom were played; in addition to the terracotta warriors and horses in the previous display cases, there was also a space inside the exhibition hall where about a hundred terracotta warriors and horses were placed. These exhibits were only surrounded by half-person-high guardrails, and some visitors used their hands. Touched the exhibits.
Most of the people who came to see the Terracotta Warriors and Horses brought their children.
Some people thought the ticket prices were OK, while others felt they were not impressed.
Just after 12 noon, Mr. Li and his wife walked out of the exhibition hall with their son. Mr. Li’s wife found out about this exhibition from Douyin, so she arranged to come and play on Sunday. He spent 98 yuan to buy a "2 large and 1 small family ticket" from an online platform, which was 30 yuan cheaper than buying tickets on site.
"It may not be completely real. I feel that the terracotta warriors and horses in the display cabinet in front are real." Mr. Li said that his family went to Xi'an a few years ago and saw the terracotta warriors and horses there. "Because I have seen it before, and I looked at the display cabinet in front of it." The terracotta warriors and horses in the exhibition hall are more real."
mentioned the online comment that the ticket price for the exhibition hall was too high. Mr. Li thought that the price was quite suitable for him. "It's almost a hundred yuan. I can take my children out for a walk on the weekend. Take a look, it's pretty good." Mr. Li's son is in the third grade of elementary school. He thinks it is good to use extracurricular time to play and learn some knowledge. His son also enjoyed watching it in the venue just now.
Ms. Liu also came with her lover and her children, but she was not very interested in the Terracotta Warriors and Horses, but she wanted her children to gain more experience and learn a little extracurricularly, so she asked her husband to take the children in. "It should be quick to see this exhibition. I was playing with my phone outside and waiting for them to come out to eat."
"I think it's okay. It seems to cost less than 70 yuan for two people. Anyway, the children can see something new. We are all very happy. We show them some history and culture. If the children are immersed in it, it will be easier for us to take care of our children."
Ms. Zhang came with her two sons. She told reporters that she mainly played with her children and watched for herself. Some "unfeelings": "I read some words and I have never seen the terracotta warriors and horses, but it doesn't feel like they are real terracotta warriors and horses."Ms. Zhang thinks that this kind of exhibition hall is good for children to gain insights, but as an adult, she is not very good at choosing to come in. "I bought a group ticket for one large and one small and one for children. A total of 88 yuan. "
Person in charge: Some online videos are not objective.
The Terracotta Warriors and Horses are replicas produced in Xi'an.
At the exhibition hall, the reporter found an on-site person in charge. The person in charge told the reporter that for the online information about "Into Da Qin" "The ticket price is too high", "false propaganda" and other comments, the person in charge of the site said that they have noticed these situations.
"We have also seen some bloggers on the Internet posting some videos about the exhibition hall, but in fact, In the video they released, there are actually traces of splicing. The person in charge told reporters that they had watched the videos posted by some bloggers in detail. "It does contain content from the exhibition hall, but it is also spliced from other places. This is not in line with the actual situation." "The person in charge said that they have contacted these bloggers through private messages.
As for some netizens who pointed out that there is a certain gap between the photos provided by merchants on various software and the reality, the person in charge said that they are currently being replaced. "Because we The renovation of the exhibition hall is relatively tight, so the complete promotional pictures of the site have not been taken yet. We can only find some pictures from the Internet, so we are currently preparing to remove the previous pictures and replace them with on-site pictures. "
The person in charge told reporters that the organizer of "Into Da Qin" is Hubei Yundong Qiankun Cultural Development Co., Ltd. Through the person in charge at the site, the Chengshi Express reporter contacted the person in charge of the organizer, Mr. Xiao, to learn more about the situation .
Mr. Xiao told reporters that after the launch of "Into Da Qin" Hangzhou Station, some online statements about them were actually one-sided. "Hangzhou Station is the second stop of our tour. At present, it seems that after the launch, the on-site exhibition will The average exhibition viewing time is between 30 minutes and 1 hour; most of the people who come to the exhibition are adults and children. Overall (this exhibition) is relatively popular with this group of people. "
Mr. Xiao said that the Terracotta Warriors and Horses that everyone sees in the exhibition hall are not genuine, but replicas made by local manufacturers in Xi'an. Mr. Xiao said that the cost of the exhibition hall, replicas of Terracotta Warriors and Horses account for a large proportion, and each replica It weighs about 300-400 kilograms and was shipped from Xi'an.
"Our purpose of holding this exhibition is, on the one hand, we hope to spread Chinese history and culture; on the other hand, we also pay more attention to parent-child interaction, so we also introduce There are some activities for children’s entertainment and parent-child interaction, such as making terracotta warriors and horses. "
" Some netizens pointed out that there are typos in our information. We do not deny that they do exist. This is also because we were too hasty in the production process. We made an overall calculation and found that there are probably one or two typos in 10,000 words. "
But when it comes to the statement that some netizens think that the ticket price is "not worth it," Mr. Xiao disagrees a little, "Actually, this is the same as going to the movies. Movie tickets now cost tens (yuan) each. Some people think It looks good, but some people think it doesn’t look good. Similarly, we have a price list on site. In fact, there are group buying and other preferential channels on various platforms. If there are many people coming, or if you bring children, it will be cheaper than buying tickets on site. "
Is the "Copycat Terracotta Warriors and Horses" infringement?
The Qin Emperor Mausoleum Museum has registered the Qin Terracotta Warriors' "three-dimensional logo"
After the exhibition incident attracted attention, some netizens wondered, "This kind of exhibition exhibits are very similar to the real Qin Terracotta Warriors and Horses. Does it constitute an infringement? ? "
At noon today, a reporter from Chengshi Interactive consulted the Qin Shihuang Emperor's Mausoleum Museum about this. The staff was very concerned about this matter and asked the other party whether the name or emblem of the Qin Shi Huangdi Emperor's Mausoleum Museum was displayed on the exhibition and whether it was selling tickets to the public. The staff of
stated that they can only reply after verification, “This matter involves some details that need to be confirmed. "
reporter retrieved that at present, the Qin Shihuang Emperor's Mausoleum Museum has successfully registered the "three-dimensional logo" of the Qin Terracotta Warriors and Horses.
applied for "Qin Shihuang Mausoleum Museum", with a total of 1,552 trademarks, of which "three-dimensional marks" are the majority, involving handmade instruments, rope net bag canopies, jewelry and clocks, transportation tools, leather goods, food cans, building materials, etc. category.
In addition, the museum has also applied for the "terracotta army" English logo of the Terracotta Warriors and Horses, which is still pending review.
The Qin Shihuang Emperor’s Mausoleum Museum successfully applied for a three-dimensional logo trademark for its Terracotta Warriors and Horses.
A lawyer told Chengshi Interactive reporter: The three-dimensional logo trademark is a visual trademark composed of three-dimensional elements, also known as an appearance trademark. It uses a certain three-dimensional shape as a mark for goods. Therefore, three-dimensional trademarks are also called three-dimensional trademarks.
A three-dimensional trademark can be the shape of the product itself, the packaging of the product, or other three-dimensional marks. It can be divided into the following types:
simple three-dimensional shape, the three-dimensional shape of the product itself, the three-dimensional shape of the product container, etc.
reporters noticed that the "three-dimensional logo" of the Qin Terracotta Warriors and Horses was successfully registered by the Qin Shi Huang Emperor's Mausoleum Museum, and the application time span was from 2017 to 2019.
In two years, the Qin Shi Huang Mausoleum Museum applied for more than a thousand trademarks for the terracotta warriors and horses it owns. It is not difficult to guess why
has applied for so many trademarks! In 2017, thousands of terracotta warriors and horses appeared on the Anhui Yiwen Expo Park, replicating the original proportions of Pit No. 1 of the Terracotta Warriors and Horses in Lintong, Xi'an.
Qin Shihuang Emperor’s Mausoleum Museum stated that these “copycat terracotta warriors and horses” did not receive permission and authorization and were an infringement. It has sent a lawyer’s letter to the scenic spot. Anhui responded strongly: there was no infringement. The terracotta warriors and horses are not exclusive to Qin Shi Huang’s Mausoleum Museum. Terracotta warriors can be made anywhere.
This move has triggered controversy in society about whether the copycat terracotta warriors and horses are infringements. Some people in the industry believe that copyright belongs only to the author. As a work of art, the copyright of the Terracotta Warriors belongs only to the craftsmen who created it. Moreover, my country's current Copyright Law stipulates that the protection period of copyright is the lifetime of the author and 50 years after his death. The Terracotta Warriors and Horses have obviously exceeded the protection period of the Copyright Law.
From the perspective of intellectual property law, including the Berne Convention, the Paris Convention, and the Universal Copyright Convention, there is no intellectual property convention system in the world that will protect things like the pyramids and the Sphinx that are four to five thousand years old. If domestic companies copy the intellectual property rights of former buildings and sculptures, there is no infringement per se. What really connects incidents like
to intellectual property disputes is the issue of anti-unfair competition. As for whether the copycat Terracotta Warriors and Horses constitute unfair competition, the judgment should be based on whether the copycat Terracotta Warriors and Horses will mislead tourists and whether they infringe on the legitimate rights and interests of the Shaanxi Emperor Qin Shihuang Mausoleum Museum.
reporters noticed that two years after the incident, the Qin Shihuang Emperor’s Mausoleum Museum “took a different approach” and successfully applied for a three-dimensional logo trademark for the terracotta warriors and horses it owns. A senior judge in the field of intellectual property told reporters that as the management agency of Qin Shi Huang’s Terracotta Warriors and Horses, if others copy and commercially display Qin Shi Huang’s Terracotta Warriors or make false propaganda, making people mistakenly believe that there is no management relationship with Qin Shi Huang’s Mausoleum Museum or Qin Shi Huang’s Terracotta Warriors and Horses Museum. , cooperation, licensing and other relationships, it may be suspected of unfair competition.
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