Research On Copyright Protection Of Clothing Design

With the rapid development of China’s economy,the connotation of clothing has also diversified from practical daily necessities to conveying social culture,symbolizing humanistic spirit,and other aspects.This has led to increasing demands on the external design of clothing,and as an intellectual achievement,clothing design enjoys the exclusive right to create.However,in the clothing industry,due to the long cycle of independent innovation and other factors,"copycat" designs have emerged one after another and are repeatedly prohibited,seriously hindering the development of China’s clothing industry.Developed countries such as Europe and America,which have numerous world-renowned fashion brands,are commendable in protecting clothing design.Our country’s laws have not yet explicitly included clothing in the scope of protection.Copyright has the characteristics of automatic acquisition and protection of work originality,with a focus on protecting clothing designers’ original designs.Compared to other protection methods,copyright protection has more advantages.In judicial practice,the protection clauses for clothing design infringement often apply to art and graphic works,and there is also controversy over whether they constitute works and how to protect them.This article aims to explore a copyright protection path suitable for China’s national conditions through corresponding case analysis and foreign experience reference.In addition to the introduction and conclusion,the main content of this article is mainly divided into four parts:Chapter 1: Overview of Clothing Design Copyright Protection.This chapter discusses the fundamental concepts of fashion design and the necessity,legitimacy,and legal basis of copyright protection in fashion design,such as the principle of dichotomy of thought expression.At the same time,it analyzes the elements of copyright protection in fashion design.Chapter 2: Current Situation and Main Issues of Copyright Protection in Fashion Design.Research on the dilemma of copyright protection in clothing design,analyzing and summarizing the current situation and problems of clothing design protection from the legislative and judicial levels.Chapter 3: Lessons learned from the experience of foreign clothing design protection.This chapter first analyzes the provisions on clothing design protection in international treaties,and then selects countries and regions represented by the United States,the European Union,and their member states to analyze the copyright legal system of clothing design protection.It extracts the inspiration of extraterritorial experience for China’s clothing design copyright protection.Chapter 4: Suggestions for Improving the Protection of Copyright in Fashion Design.This chapter proposes the path for copyright protection in clothing design:adding practical art works to Article 3(4)of the Copyright Law and covering clothing and clothing;Add "allogeneic replication" to the replication specified in Article 10;Clarify the originality standards and artistic requirements of clothing design;The judgment method for promoting allogeneic replication-the hypothesis testing method;Clarify the judgment criteria for clothing infringement-the judgment criteria for contact and substantial similarity;Introducing a registration system for clothing design;Strengthen the regulatory function of clothing industry associations.