Copyright Protection For Fashion Design

The fashion design with artistic features (hereafter the"design") is an intelligent achievement of fashion designers and the design is protected by the copyright law in some jurisdiction and the international conventions on copyright protection. However, China's Copyright Law doesn't list fashion design as a type of protectable work. This thesis examines the feasibility of copyright protection for fashion design and the scope, mode and duration of the protection. Then this thesis puts forward to some proposals to improve China's legislation.This thesis includes foreword, text and epilogue. The text is divided into three chapters.Chapter 1"The Outline of Copyright Protection for Fashion Design"gives a brief introduction about the general knowledge of fashion design and the fundamental principles of copyright law. Then, this chapter analyzes the outline of copyright protection for fashion design under the international copyright conventions and the copyright law at home and abroad, arguing that China's copyright law is inadequate to protect fashion design and the reform is necessary.Chapter 2"Protection for Fashion Design by China's Copyright Law"reviews how to improve the protection for fashion design under China's copyright law, analyzing the character of fashion design and the proper scope, mode and duration of copyright protection for it.Chapter 3"The Relationship and Reconciliation of Copyright Protection and Patent Protection for Fashion Design"discusses the possibility and potential difficulties of dual protection for fashion design by copyright law and patent law in China, since fashion design is protected by China's Patent Law. By analyzing the differences between copyright protection and patent protection for fashion design, this thesis concludes that the two modes of protection supplement, instead of conflicting with each other. Thus the dual protection is appropriate to strengthen the intellectual property protection for fashion design.