Designer Tuesday Bassen, What To Protect Original Costume Design?

Recently, an independent designer of Losangeles Tuesday Bassen accused Twitter of Spanish clothing brand Zara plagiarism. Soon, Tuesday Bassen was supported by more than 20 designers.

The designers who claimed to be plagiarized were competing for pictures and accusations on the Internet.

The protection of design has become the focus of public opinion.

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They insist on "follow the trend rather than creators". They quickly imitate the high-end brands and fashion styles, and launch the big name "same money" at a low price to gain market favours. But they are also criticized for imitating the original design.

It is reported that in Europe, Zara pays tens of millions of yuan to the top brands every year.

Similarly, in China, fashion designers are also faced with the problem of how to protect originality.

After graduating from Beijing Institute Of Fashion Technology, Xiaowen has opened an original clothing store on Taobao.

Although the number of original design is small and difficult, it still slowly accumulated some old customers.

What I did not expect was that when the clothes she had just made a little bit of improvement, Xiaowen found that many of the shops on Taobao were selling counterfeit goods, and some businesses simply used her show as a product.

Beijing Institute Of Fashion Technology professor Guo Yan told reporters that copying in the clothing design industry is a very common thing.

"Because it's so common, there's no good way for original designers."

She speaks frankly.

Does clothing make up work?

After the publication of the original clothing, others will imitate the clothing to launch the "same money". Can this constitute a plagiarism in the copyright sense?

First of all, whether clothing can make works or copyright protection.

"Whether garments can be made up of works or not, the international conventions do not specify, and the provisions of different countries are inconsistent."

Xu Chao, deputy director of Beijing's intellectual property development center, told China intellectual property newspaper that "the protection of literary and artistic works Berne Convention" does not include clothing in second works listed in the Berne Convention.

Considering the national interests in legislation, different institutional arrangements have been made according to the status of the garment industry in the national economy.

China does not specify the copyright law, but it has been identified in judicial practice.

In recent years, the reporter found that the garment garment should be treated differently.

In Shanghai Jinhe protective products Co., Ltd. and other complaints about "99112 pairs of protective clothing" infringement case, the court heard that the clothing clothing involved in the embodiment of aesthetic feeling, at the same time, it inevitably embodies the practical function.

When the aesthetic sense and practical function of costume design are intertwined and can not exist independently, clothing can not be protected by copyright law.

However, in the case of the infringement of the "361 Asian (Guangdong)" dress by the big brother Group Co., Ltd., the court held that the shape, color and pattern of the dresses showed the unique conception and knowledge of the designer, and that the ceremonial costumes designed for the sports events were not mass produced, not for practical purposes, and conforming to the constitutive requirements of the works stipulated in the copyright law, and should be protected.

Xu Chao believes that under the existing copyright law, clothing should constitute art works before copyright protection can be obtained.

"But classifying clothing is protective for designers whose creativity and ingenuity are high, and can not be protected for the commonplace design that only embodies practical functions."

He also stressed that considering the specific national conditions of China, clothing should not be protected by copyright in principle.

Original design needs urgent protection

In the face of infringement, Xiaowen took the initiative to communicate with the other side, even sent a lawyer's letter, but the result was not ideal. Some Taobao stores deleted the shelves and turned around on the other electronic business platforms.

In the end, because of her limited personal energy, she can only let herself go for such counterfeit products.

In the interview, the reporter found that either because of lack of protection consciousness and relevant legal expertise, or because of the long time and high cost of litigation, and the rapid updating of clothing design, there are new products altering in several months or even months. The original designers often only give moral accusations to plagiarism, and few cases actually resort to law.

"In theory, original designers or

The protection of costume design can be carried out through patent law, trademark law, copyright law, trade secret law and anti unfair competition law.

Professor Guo Yan, who had compiled a book entitled "analysis of the protection of intellectual property rights and infringement cases", told reporters: "because the practical function of clothing is very strong, the enterprises in general will protect their designs for the design patent, so that they will have fewer copyrights as copyrighted works and less clothing through the copyright protection."

In addition, in practice, there are many instances of plagiarism of costume design caused by exhibition display or designer job hopping. She suggests that the intellectual property rights protection of exhibitions should be increased accordingly, and that the problem of copying can be prevented by the signing of agreements with employees.

Guo Yan is also deeply troubled by the plagiarism problem encountered by independent designers such as Xiaowen. She suggests that copyright registration should be carried out for clothing with unique design aesthetics, so as to prepare for the initiative.

In addition, she also believes that for a garment brand with vitality, it will not be beaten by others by plagiarism.

Because clothing from design, model to clothing, there are many truly reflect the design style and brand craft links, will not be simply reflected in the style.