Abstract
Fashion has become an important carrier of aesthetics in the eyes of modern people and fashion design has also become an important factor affecting the development of the fashion industry. With the increasing problems of intellectual property infringement of fashion design, it has correspondingly become an important topic as how to protect the Intellectual Property rights of fashion design. There are generally four paths of Intellectual Property protection for fashion designs: Copyright, Design Patent Right, Trademark Right and Anti-Unfair Competition Law Protection. The path of protecting copyright of fashion designs is the most comprehensive, but it has higher requirements for originality and aesthetics of fashion designs. The condition for protection by Design Patents is that the aesthetic nature of the fashion design shall be distinguished from the fashion functionality. The condition for protection under Trademark Law is that the achievement of distinctiveness in fashion design. The conditions for protection under the law against Unfair Competition are that the fashion product causes certain impact and that the fashion design leads to confusion; Each of the four protection paths has its own strengths and weaknesses. The fashion design in China is still in a mature stage of development, and a comprehensive protection path shall be adopted, which is characterized by the copyright protection as the main focus with the Design Patent Rights, Trademark Rights and Anti-Unfair Competition Law protection as complementary.
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Acknowledgements
This paper is the phased research result of the National Social Science Fund Project titled “Copyright Authorization Mode in All-Media Era” (Project No: 19CXW040).
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Liu, J., Li, W. (2021). Path of Protecting Intellectual Property Rights on Fashion Design. In: Soares, M.M., Rosenzweig, E., Marcus, A. (eds) Design, User Experience, and Usability: Design for Contemporary Technological Environments. HCII 2021. Lecture Notes in Computer Science(), vol 12781. Springer, Cham. https://doi.org/10.1007/978-3-030-78227-6_23
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DOI: https://doi.org/10.1007/978-3-030-78227-6_23
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