Research On The Determination Of Originality Of Apparel Design

With the enhancement of public awareness of fashion and the improvement of living standards,the improvement of the competitiveness of the garment industry no longer depends on the price alone but on the level of design.Unique design can bring more sales and create more benefits for garment manufacturers.Therefore,apparel design is very important to the development of garment industry in our country.But with the garment industry develops rapidly in our country plagiarism phenomenon is more and more serious,the same design made by different manufacturer,sold by different shop,marked with different price situation is more and more common.In practice,the Copyright Law of the People’s Republic of China seeks remedies in most apparel design infringement disputes.As one of the constituent elements of work,the ambiguity of the method and standard for determining originality leads to controversy in apparel design infringement disputes.Clarifying the problems existing in the cognizance of originality and putting forward concrete cognizance standards can not only meet the development trend of garment industry,but also provide guidance for judicial practice.Apparel design is not only a product of the same type,but also has different patterns in different links of industrial chain.namely,apparel design drawing,apparel pattern and ready-made apparel.Although it has particularity,it is also applicable to the cognizance of originality in apparel design,which needs to be adjusted on the basis of it.There are some differences in the cognizance of originality in the existing cases of apparel design,from which we can find three main problems in cognizance of originality in apparel design,namely,the ambiguity in cognizance of originality,the difficulty in distinguishing the boundary between public domain and innovation,and the difficulty in separating the practicality and artistry of garment.Therefore,it is necessary to analyze the originality and three problems of apparel design,to demonstrate the possibility of originality in apparel design and the practicality of ready-made clothes,and to demarcate the three types of works.On this basis,firstly,considering the current situation of our country’s garment industry,the experience of foreign representative countries and the interests of various kinds,we should not do too much monopoly in the public domain of apparel design.Secondly,for the difficulty of separating the practicality from the artistry of garment,we can draw lessons from the American separation method of "sales possibility method" and "temporary substitution method".Finally,according to the inherent requirements of different types of works in the originality standard,the specific identification standards of originality of apparel design in three different forms are made clear.