The Research On Copyright Protection Issues Of Apparel Design

Apparel design is a form of art combining practicability with artistry.Along with the social progress and improvement of living standards,Consumers are no longer satisfied with functional and practicability of the apparel,but to pursue aesthetic individuation and Spiritual demands.Apparel in China is a main industry,there is a lot of apparel design copy and imitation,apparel design has not received proper protection,China is difficult to become a powerful nation on apparel design.Apparel design as a creative industry is a kind of intellectual creative activity,Apparel design is also a expression of Aesthetic feeling.Regarding to the necessity and legitimacy,copyright law should be the main legal protection mode for apparel design.This thesis is composed of five chapters.In Chapter I,the author elaborated definitions of apparel and apparel design,unified meanings of apparel and apparel design terms used in this thesis,and introduced the general procedure of apparel design.This chapter laid a foundation for further analysis and discussion in following chapters.In Chapter II,the author introduced domestic and foreign legislative practices of apparel design protection,in particular,the international treaties and relevant legal provisions of EU and its member states,the US and China.Through the study,the author realized that in order to protect apparel and apparel design,it can be included in “fine art”,“works of applied art” and “appearance design”.Moreover,the author analyzed the advantages of copyright law in apparel and apparel design protection compared with other legal means and legitimacy of copyright law protection in order to show why copyright law should be the main mode of legal protection for apparel design.In Chapter III,the author mainly discussed the requirements of right for protecting apparel design with copyright law;specified types of apparel effect chart,apparel structure chart and works of apparel design;analyzed subject of right of apparel structure chart;and furthermore,analyzed content of right of protecting apparel design with copyright law taking right of reproduction as the core.In Chapter IV,the author firstly gave comments on three main cases relevant to apparel and apparel design,and summarized the current situation of apparel design copyright infringement determination in China;secondly,he analyzed the category of thoughts in apparel deign,the criterion of separating practicability from artistry ideally,the essence and subject of originality determination and engagement and similarity principle in apparel design copyright infringement.In last Chapter,the author proposed supporting mechanisms for protecting apparel design with copyright law for China.He mainly elaborated the indirect infringement liability of online stores for selling “generic versions” of apparels,the issue of intensifying apparel and apparel design copyright registration,coexistence apparel design protection with copyright law and design patent protection and solutions for their conflicts and the issue of term of protection of apparel and apparel design copyright.The author also discussed the special protection mode for “apparel originality”.