Empirical Research On Original Clothing Design Intellectual Achievements Legal Protection

At present,the clothing industry has huge development potential and it generates tens of billions of dollars of profits each year internationally,at the same time promotes the whole prosperity international industry,drives economic development and increases employment.However,the infringement of intellectual achievements in the clothing industry is very serious:from the counterfeiting of trademarks to the imitation of appearance design,from the "copy" of patents to the "theft" of trade secrets,a variety of infringement phenomena emerge in an endless succession.Plagiarism in this field,while making some enterprises profit in the short term,but in the long run,it will also become a constraint on the development of the entire Chinese clothing industry.An excellent clothing design contains the sweat and extraordinary wisdom of designers day and night,with strong artistry and originality.It is a valuable wisdom achievement of designers and should be protected.At present,the research on the protection of clothing design in my country is in its infancy,and the current intellectual property legal system can only provide relief for the right holder with a single protection model,but cannot provide comprehensive and three-dimensional comprehensive protection.Therefore,based on China's current stage of practice,analyzing the predicament of China's current clothing design protection and studying foreign experience,it can be concluded that the choice of mixed protection mode is not only the need of clothing designers,but also what society calls for.As for the scope of protection,the scope of protection should be expanded to include ready-to-wear and "design templates",while adopting a relatively loose infringement standard "non-substantial same”,not only can protects the rights of designers but also ensure fair and sufficient competition.As far as protection time is concerned,choosing in line with the seasonal characteristics of the fashion industry can balance the interests of the public and designers.Based on national conditions and development needs,reshaping the goal of legal value will be conducive to the construction of a new legal development and operation mechanism to achieve effective protection of intellective design achievements.In view of this,the author attempts to start with the analysis of the causes of clothinginfringement and the proliferation of plagiarism in the industry,and combined with the current intellectual property research results of the domestic and foreign clothing industry.This article has five parts.Part one includes the research significance,research methods,innovations and shortcomings.Part two analyzes the causes of plagiarism in the clothing industry which starts from the status of China's intellectual property laws protect intellectual property in domestic clothing industry.Parts three explores the advantages and disadvantages of the single model of Chinese law applicable to clothing design protection through empirical research on sample cases,and proposes establishing a mixed protection model for the clothing industry to promote the improvement of China's clothing industry in the world.In Part four,the author introduces various protection modes of the clothing industry.In the fifth part,the author proposes corresponding countermeasures from the five levels of legislation authorities,judicial organizations,law enforcement authorities and industry associations.