Exploring The Intellectual Property Protection Strategy Of Fashion Design In China ——Copyright As The Main Perspective

The current output value of China’s apparel industry is huge,and as a result,China’s independent apparel design has also developed rapidly since the 21st century.From mainly borrowing or even copying foreign works to the fame of Chinese designers in the international market,China has made great progress in the field of independent apparel design.China has made great progress in the field of independent apparel design.However,we must recognize that plagiarism in the field of apparel design still exists widely in China,and the intellectual property of designers are frequently infringed upon,and it’s hard to identifying infringement and defending rights.These infringements are harmful to the protection of designers’ enthusiasm and legitimate economic interests,nor are they conducive to the development of China’s apparel design.Due to the special nature of the apparel design field and the current situation of the industry,a more mature legal protection system has not yet been formed in China for the intellectual property protection of apparel design,which has also caused some controversies about the protection of apparel design.Many people believe that the characteristics of the field of apparel design lead to the identification of its design plagiarism very difficult to explain,or even completely undefinable.In this thesis,we try to solve the common controversies and problems of apparel design protection in practice from the theoretical point of view,together with the analysis of the views of judges in practical cases,and try to put forward the opinions on "how to protect apparel design" and "how to define apparel design plagiarism".We try to propose reasonable and operable solutions to the difficult problems in practice,such as "how to protect garment designs" and"how to define whether a garment design is plagiarized or not",and analyze the theoretical logic and practical feasibility of these solutions.In this thesis,we analyze the judgment of practical cases and try to find ways to solve the common problems of apparel design protection in practice in the current situation that the domestic legislation on intellectual property protection of apparel design is still not completely perfect.We also compare the current protection legislation and strategies of other countries in the world,and look for reasonable points that can be absorbed in our thinking.The main research methods used in this thesis are documentary analysis and case study methodology.Our goal is to discuss the problem-solving strategies that can be used in practice.Three important questions in the protection of apparel design,namely,"in which way to protect the intellectual property of apparel design","the conditions of legal protection of apparel design",and "how to identify substantial similarity",are answered in this thesis.