How to Determine the Originality of Design Work

Party A stole Party B's design materials and drafts and published them. Party B produced their own design drafts and materials to sue Party A, but Party A counter-sued Party B, alleging theft of their design drafts. How should this lawsuit be adjudicated?

For example, in cases involving fashion design drafts, automotive design drafts, or other high-tech design drafts, the finalized version can be stolen, but the intermediate design process cannot. Party B can present all their design drawings, from the initial to the final versions, including discarded drafts. These drawings represent the design process, embodying the creator's design concepts and thought processes. A thief can only steal the result, not the process, nor the thoughts and concepts. As long as Party B clearly articulates their concepts and thought processes, aligning them with the drawings, they can be judged as the original creator. Party A, lacking intermediate design drawings and the intermediate design process, would be unable to clearly explain the design rationale and concepts for the finalized version. Even if they could guess some aspects, there would be inconsistencies, leading the judge to rule that Party A stole from Party B, resulting in Party B prevailing.

Furthermore, both parties could be asked to demonstrate the creation of the final product in person. During the demonstration, the original creator would exhibit technical proficiency, precise attention to detail, adherence to the design concept, and produce a flawless work. In contrast, Party A, lacking the actual creation process and unfamiliarity with the design concept, would appear clumsy and flawed in execution, failing to fully realize the design concept. Such a direct comparison would clearly reveal the superior party, making the original creator evident.

Details are most telling and best reflect wisdom. If one cannot articulate the details clearly, it indicates insufficient wisdom. The work might be stolen, borrowed, referenced, or result from emotional interpretation or mental processing. Without tangible intermediate processes, only a vague final result exists, raising suspicion about its origin. The process and details are the most reliable indicators of originality, representing the crystallization of labor and effort—something that cannot be stolen. If this is not the case, there is suspicion of theft.