China looks to clamp down on forgeries
Government aims to tackle the "three fakes": works, sales and auctions
By Lisa Movius. Web only
Published online: 31 October 2012
At the 2012 Beijing Culture and Creative Industry Development Forum in September, Guan Yu, the deputy director of the Beijing Municipal Bureau of Culture, announced that the government is considering establishing an art database and improving credit management in the art market. As reported by Legal Daily, the publication of Committee of China’s Political and Legislative Affairs, Beijing will crack down on what it calls the “three fakes” in the current art market: fake works, fake sales, and fake auctions, which have damaged investor value as well as Chinese art’s reputation on the international market.
Currently, buyers of fake works have no legal protections. Chinese auction houses are shielded from any liability by article 61 of the Auction Law of the People’s Republic of China, as long as they state ahead of an auction that they cannot guarantee the authenticity of a work. An unnamed auctioneer expressed to Legal Daily that, due to the difficulty of verifying art authenticity in China, particularly for contemporary pieces, auction houses feel obliged to invoke the disclaimer.
Gao Fuping, the president of the School of Intellectual Property at East China University of Political Science and Law, says that artists in China also need greater protection against having their work illegally copied, though implementing the proposed registration system might prove challenging.
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