动漫产业知识产权的维权困境与理性尊重——以《汽车人总动员》案为视角

《汽车人总动员》案的一、二审判决在客观上厘清了涉案动画的侵权事实，正确地适用了有关法律。由该案所引发的争议体现为以下两方面:在表面上，有关争议反映的是以抄袭行为为核心的知识产权维权困境；而在本质上，有关争议体现的则是本案各方以及社会大众仍在知识产权尊重意识上存在的理性缺失。有关争议充分表明，动漫产业的良好发展离不开社会对知识产权的理性尊重，国家有关部门应当积极地通过宣传教育、执法、建立公共平台等有效方式，引导社会与产业理解与接受对知识产权的理性尊重。

On the Predicament of Rights Defending and the Sense of Rational Respect for the Intellectual Property Right in the Animation Industry: From the Perspective of the Autobots Case

The judgments of the Autobots case clarified the infringement facts of the animation involved, which the application of law is correct. The dispute caused by this case could be interpreted into two aspects. On the surface, the relevant dispute reflects that plagiarism is the core of the predicament of rights defending of the intellectual property right. In the essence, however, the dispute reflects that the people, including both the partiesand the society, were lack of rational respect of intellectual property rights.This incident fully demonstrates that the rational respect of intellectual property rights should be concerned during the development of the animation industry. The government should actively guide the society and the industry to understand and accept the sense of rational respect for intellectual property rights through effective methods, such as publicity, education, enforcement and the establishment of relevant public platforms in the society.