| Since the reform and opening up,the garment industry of our country has developed from the garment with black and white color to the colorful and full of individuality today,and has become a big country of textile and garment manufacture and export after joining WTO.According to data,there are 13,876 textile and garment enterprises in 2019,with a cumulative revenue of 160,033 billion yuan and a cumulative export value of 271.836 billion US dollars.The first case of ready-made garment copyright dispute also entered the public field of view in the end of 90’s of last century.The case of garment copyright infringement has changed from traditional tort to network tort,which embodies the difficulty of safeguarding the rights of garment copyright infringement.For the original garment design enterprises,on the one hand,plagiarism will cause huge economic losses,on the other hand,it will also frustrate the original design of the power.In addition,the labor force in Southeast Asia is more cheap than in China.The advantage of labor cost in a garment manufacturing country is gradually fading.It is urgent for us to transform into a garment creating country.In this process,we need the help of intellectual property law.This article consists of four chapters.The first chapter mainly analyzes the theoretical basis of the protection of the copyright law of garment modeling,divided into three subsections: the analysis of the copyrightability of the garment modeling,the feasibility and necessity of the copyright protection of the garment modeling.First,by disassembling the steps of clothing design,it is concluded that clothing works in different stages can be separated and protected,that is,the ready-made clothing model is copyrightable.This conclusion is a prerequisite for discussing all the issues below.Secondly,it enumerates the copyright law protection practices of clothing styles in France,Germany,the United States and other countries,and demonstrates that garment styles can be protected by copyright law.There is a certain practical basis to prove the feasibility.Finally,comparing the advantages and disadvantages of patent law and copyright law in the protection of clothing design,it shows that the clothing design of clothing should be centered on the protection of copyright law.The second chapter is the part of "raising questions".This paper analyzes the problems encountered in the protection of copyright of ready-made garment design from the aspects of legislation and judicial practice.Through the case of Sansan Hu v.China Art Museum,Dageda v.Rong Mei,Lu Kun Company v.Rong Mei Company,etc,this paper discusses the problems of the type of ready-made garment works,the condition of ready-made garment protection by the Copyright Law,the determination of infringement of ready-made garment copy,the coincidence of copyright and patent right of ready-made garment and so on.The third chapter introduces and compares the relevant international treaties and several developed countries’ apparel copyright protection system,and finds out the experience of our country.The fourth chapter is the part of "solving problems.In view of the problems raised in Chapter II and learning from the useful experience of foreign countries,this paper hopes to answer such problems as type of ready-made garment works,conditions for protection,standards for determining infringement of reproduction right,and the exercise of right in concurrence with patent right,etc.,and provides corresponding legislative and judicial improvement opinions on the copyright protection system of ready-made garment,with a view to promoting the overall level of copyright protection of the ready-made garment. |
