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The three-stream jade carvings that were pretending to be the master's name were actually sold at high prices at the auction, and the auction company responded afterwards: I only managed the auction, not asking the truth! Recently, Chinese art and crafts master Wu Desheng called the newspaper, reflecting that the criminals used his nephew to publicly make fake sales, but the auction company relied on the legal exemption clause to ignore the auction.
Forged jade carving public auction
Wu Desheng told reporters that he has been engaged in jade carving since 1975. He has been awarded the title of "China Arts and Crafts Master" by the National Development and Reform Commission for the highest honor in the national art and craft industry. His works have won numerous awards.
In June of this year, Master Wu learned from friends that Shanghai Shengong Auction Co., Ltd. held a special auction of famous jade carvings in Hongqiao Antique City, one of which was his work. Master Wu was very curious, he found the brochure of the auction, and found that the author of the 0237 lot "Dancing Girl" was him. "I was dumbfounded at the time, because I didn't create this work at all, they are clearly making mistakes!" Master Wu later carefully observed the lot, and the engraver was at the third-rate level in the industry. Immediately call Shengong Auction Co., Ltd. to inquire about the reason, but the other party explained that the auction company is only responsible for accepting the client's request for auction, and does not assume the responsibility for the authenticity of the lot.
For such a statement, Master Wu did not agree. "The work is fake, the producer and the client are hateful, but the auction company acts as a middleman and should take care of the lot!" Master Wu argued, but the other party always refused to admit the mistake. Pick up his call. It is understood that this lot was finally sold at a price of 1.3 million.
Disclaimer encourages fraud
The reporter then found the auction rules of Shanghai Shengong Auction Co., Ltd. on the Internet. The fourth article of the first chapter does write that “the company does not bear the guarantee responsibility for the authenticity and quality of the auction items.†With such rules Can the auction company stay out of the way? Fu Minrong, the lawyer of Shanghai Xinwenhui Law Firm, said that according to the provisions of Article 61 of the Auction Law of the People's Republic of China, the auctioneer and the client stated that the auction object could not guarantee the authenticity or quality of the auction object before the auction. , does not assume responsibility for guarantees.
Fu Minrong said that the existence of this exemption clause has safeguarded the interests of the auction company, but objectively contributed to the squalor of the counterfeiters, which led to the proliferation of counterfeit goods in the auction market. However, with the increasing number of similar disputes in the auction market, this law is now highly controversial. Many legal professionals have proposed that the auction law should be amended to clarify that the auction company is the entrusted party and is obliged to The authenticity of the identification.
Wang Fengyun, the chief lawyer of Shanghai Chengqin Law Firm, believes that according to the "Copyright Law of the People's Republic of China", the production and sale of counterfeit works signed by others should be subject to civil liability such as stopping the infringement, eliminating the influence, apologizing, and compensating for losses according to the circumstances. .
Strict law enforcement against infringement
In order to clarify the truth, in the past few days, the reporter has repeatedly called Shanghai Shengong Auction Co., Ltd., but it is puzzling that every time the staff vowed to report the situation to the leader, they will reply as soon as possible. At the time, the reporter still did not receive any response from the auction company. Through other channels, the reporter learned that this Shengong auction company is a new company featuring the jade auction founded by the Shanghai Haipai Jade Carving Association. In terms of its professional background, there is no lack of identification power.
According to the Shanghai Baoyu Stone Industry Association, in recent years, with the vigorous development of the jade carving collection industry, similar cases of misappropriation of masters and cases of blatant and fake sales have emerged in an endless stream. In the final analysis, these phenomena are still in the interests of the economy. Many lawless elements are eager to smother their hearts. In order to profit, they completely ignore laws and regulations and indiscriminately infringe on intellectual property rights, seriously disrupting the normal order of the industry.
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