Research On The Perfection Of The Identification Of Fashion Design Infringement

In a series of design processes of ready-made clothing,designers reflect their innovative ideas on clothing through manual production,which is the integration of practicability and artistic beauty,and should be protected as practical works of art.However,due to the imperfect legal system of intellectual property rights related to clothing in China,there are different opinions on the identification of clothing design infringement in judicial practice.After analyzing the judicial judgment samples related to copyright infringement in the field of fashion design,it is found that the focus of the case and more controversial issues focus on the fuzzy identification of the attributes of fashion design works and the inconsistent identification conditions of fashion design works,which leads to the inconsistency of the applicable standards and methods for the identification of fashion design infringement,And finally form two opposite judgment results of identifying tort and not identifying tort.Therefore,based on the imperfect legal provisions in the field of fashion design in the current copyright law,it is difficult to solve the new disputes arising from the infringement of fashion design.It is suggested to refer to the experience of major western countries to clarify the identification conditions of fashion design as a practical work of art.At the same time,the identification of specific infringement acts should be based on "subjective and objective standards" The "substantial similarity + contact" infringement identification rule and the identification method combined with "Abstract Test Method" and "overall perception method" in order to promote the improvement of the identification of fashion design copyright infringement.