Intellectual Property Protection For Fashion Design

In the past,clothing mainly took on the practical function of "covering the body and avoiding the cold",but modern clothing not only meets people’s basic dress needs,but also integrates artistic creation and has the dual attributes of practicality and art,at the same time,clothing itself as a commodity has great economic value.The garment industry has a strong momentum of development,but there are also many problems.A certain garment is favored by the market because of its novel style.In a short time,this style of clothing will fill the streets and alleys,online shopping platforms will also search for various "so-and-so with the same style",resulting in an increasing number of disputes,the clothing industry has long been a strong call for the protection of clothing design results,but the reality remains helpless.In China,Intellectual Property Law,Copyright Law of South Korea,Patent Law,Trademark Law can provide a certain degree of protection for clothing design,but why is it so difficult to maintain rights?What’s the problem?Is there anything we can do to help?This paper is just to discuss these questions.The clothing design links are numerous,the process is complex,the clothing presents the external style is the clothing design final achievement manifests,also is the main dispute object in the infringement dispute case,the Protection of the outer style of clothing is directly related to the patent right and copyright of the design.The works protected by the copyright law are automatically acquired in the way of obtaining rights,and the copyright shall be enjoyed upon completion of creation,the content of the right relates to personal rights and property rights,and the design of the system itself is more in line with the law of the development of the garment industry itself,the dichotomy of thought and expression is a problem that must be solved for clothing to become the object of copyright protection.However,the patent right of design can not avoid the limitation brought by copyright protection,and from the right to obtain,protect the content and effect,and with the garment industry to develop their own laws,such as fitness,clothing design copyright protection is more realistic and reasonable.To enjoy the protection of copyright must first become the object of Copyright Law of South Korea protection.The artistic features of the copyright protected works do not extend to the practical functions,or they will undermine the system design of patent law and disturb the protection of intellectual property rights.However,the practical characteristics of clothing as a necessity of life have been deeply accepted by people for a long time.Moreover,the standard of separating practicality from artistry is not easy to operate.In practice,it is inevitable that "preconceptions will prevail."In order to solve this problem,it is necessary to avoid generalizing,it is necessary to re-examine the methods of operation applicable to the separation of practicality from artistry in clothing,starting with the conventional components of clothing,if the artistic features attached to these conventional components do not play a role in the practical function of the component as a whole,it can be concluded that the artistic features can be conceptually separated from the practical function of the garment,if the artistic features attached to these components also play a role in the practical functions that the component plays in the whole of the garment,then the concept can not be separated from the practicality of the garment,and therefore can’t get copyright protection.The right of reproduction,along with the emergence of the Copyright Law of South Korea System,is at the core of copyright law,and has a bearing on the economic interests of the right holder,and in the case of clothing infringement of copyright,the control of reproduction rights over the sale of clothing made without the permission of the copyright owner on the basis of his or her design drawings is another matter of dispute in such infringement cases,the author holds that the act of making clothes according to other people’s design drawings does not constitute the duplication in the copyright law of our country,because the variant duplication from plane to three-dimensional is not the duplication in the sense of copyright law of our country.With the continuous development and progress of science and technology,the technology of reproduction has become more and more advanced and diversified.To allow reproduction to occur will inevitably have an anti-incentive effect,in order to adapt to the development of modern society,it should be possible to make this kind of allogeneic reproduction from plane to three-dimensional into legal reproduction.Copyright law only protects the expression,not the idea is "thought and expression dichotomy" the most concise explanation.Distinguishing the expression and thought in clothing works is helpful to make clear the object of protection,and is also the standard of Tort Judgment.The connotation of ideas in copyright law is different from the ideas commonly understood by people,and the demarcation between ideas and expression is not always clear,this paper analyzes the thought and expression in clothing by means of "abstract summary Method".It is considered that there are lower level small elements in the collection of factors that can affect the visual effect of clothing,these fragmentary elements,design styles,and all the elements that can be used as creative materials for clothing design are ideas that are not protected by copyright,rights holders and the general public,including other fashion designers,have the right to use the garment without permission,and for those who have been selected by the designer,reconstructed and recombined to present the new elements on the garment,is Part of the expression of clothing,but the use of others at will whether infringement depends on whether these expressions have originality.