Research On The Protection Of Intellectual Property Of Clothing Works In China

Clothing is closely related to everyone's daily life.Clothing is no longer only practical,but also artistic.An artistic clothing work is the intellectual achievement of a clothing designer.It should be respected and protected,and it should also be the object of intellectual property protection.With China's emphasis on intellectual property rights,more and more original clothing works have sprung up,followed by pirated plagiarism of clothing works.And infringement of clothing works has occurred frequently.At present,the intellectual property legal system related to clothing is imperfect,the copyright law does not regard clothing works as the object of protection,and lacks the definition and protection of clothing works and clothing designs.The determination of copying is lacking;the patent law takes a long time to apply for design patents and high costs.The procedures are cumbersome,the authorization standard is high,and there are many disputes on the infringement of clothing works in judicial practice.Different judgments in the same case have occurred frequently.The loopholes in legislation make it difficult to protect the intellectual property rights of clothing works.This shows that our country urgently needs to improve the protection of intellectual property law on clothing works.By analyzing the current status and deficiencies of China's intellectual property rights,combining with relevant international treaties,studying and drawing on the legislative experience of other countries,it is considered necessary for clothing works to be protected by intellectual property rights.Our country should protect the clothing works with the dual protection of copyright law and design patent law,and corresponding improvement measures are proposed,such as the copyright law to include clothing works as a separate category within the scope of protection of the copyright law,recognize various forms of reproduction,and strengthen indirect torts.The design patent law can reduce the cost of design application and protect some designs,which aim to improve the protection of the interests of clothing designers and clothing companies through the improvement of intellectual property laws,and promote the continuous innovation of Chinese clothing works,so clothing companies can develop better and make clothing companies take the lead in the world.