Infringement is an entrustment relationship between the publisher, the designer and the trademark owner. If the designer has not promised liability, when the designer completes the design and delivers it to the trademark owner, and the trademark owner approves After that, the entrustment relationship will be terminated.

Next, if the trademark owner uses the mark in commercial activities and causes infringement to others, the liability will be borne by the trademark owner.

Of course, if the infringed party takes the initiative to ask the designer to bear the responsibility for plagiarism, the designer can also be dragged into the infringement dispute.

Legal Basis

According to the Labor Law and the Confidentiality Law, employees already have the obligation to keep confidentiality when signing a contract. Many companies sign non-competition agreements under the guise of confidentiality. If the agreement only has the obligation of confidentiality but does not give you the corresponding rights (mainly in terms of competitiveness and payment methods), then the agreement is an overbearing clause, and you can apply to the labor director using the claim of being coerced into signing the agreement.

3 According to the "Copyright Law", even if you serve a company, the pictures you design belong to individuals. The company only has the priority right to use, but does not have exclusive use rights or ownership. Therefore, the company’s false accusation of infringement against you is not valid.

The Supreme People’s Court’s Interpretation on Several Issues concerning the Application of Law in the Trial of Cases Involving Computer Network Copyright Disputes:

Article 7 Legal Provisions

The copyright owner who discovers infringing information shall report it to If a network service provider fails to provide proof of identity, copyright ownership, or infringement when issuing a warning or requesting the infringer's online registration information, it will be deemed that no warning or request has been made.

If the network service provider still fails to take measures after the copyright holder presents the above certificates, the copyright holder may apply to the People’s Court for a suspension of relevant measures before litigation in accordance with the provisions of Articles 49 and 50 of the Copyright Law. For rulings on behavior and property preservation, and evidence preservation, when filing a lawsuit, you can also apply to the People's Court for a preliminary ruling to stop the infringement, remove obstacles, and eliminate the impact, and the People's Court should grant permission.