중국 패션디자인 저작권 보호 판례 고찰 - 2023년 백일배(百一杯) 지식재산권 판례를 중심으로 -
A study of Chinese fashion design copyright protection cases - Highlighting infringement cases involving the intellectual property rights of Bai Yi Bei in 2023 -
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초록
Clothing is intimately intertwined with daily lives as every individual relies on it. The pervasive issue of plagiarism in the fashion industry has led to an increased demand to protect intellectual property rights. Currently, studies on the protection of fashion design intellectual property rights in China remain in the exploratory stage and warrant further investigation. This paper addresses the issue in two parts. The first part contains an analysis of the theoretical foundation for the protection of fashion design copyrights. It is further divided into three subsections. The first subsection primarily examines the concept of copyrights and laws. The second subsection focuses on the concept of fashion design copyrights and laws. The third subsection analyzes copyright laws concerning fashion designs in China. The second section offers an analysis of infringement cases involving fashion designs published during the Baiyi Cup Intellectual Property Case Summary Writing Competition held in China in 2023. It outlines the shortcomings of the current Chinese copyright laws regarding the protection of fashion designs, and proposes measures for improvement. This study argues that the institutional framework for intellectual property rights in the Chinese fashion industry should align with practical considerations and explores suitable legal regulations and how they relate to specific circumstances in China. Besides refining the legal framework, fashion designers and enterprises must take measures to entablish the intellectual property rights of their clothing brands.
Abstract
Clothing is intimately intertwined with daily lives as every individual relies on it. The pervasive issue of plagiarism in the fashion industry has led to an increased demand to protect intellectual property rights. Currently, studies on the protection of fashion design intellectual property rights in China remain in the exploratory stage and warrant further investigation. This paper addresses the issue in two parts. The first part contains an analysis of the theoretical foundation for the protection of fashion design copyrights. It is further divided into three subsections. The first subsection primarily examines the concept of copyrights and laws. The second subsection focuses on the concept of fashion design copyrights and laws. The third subsection analyzes copyright laws concerning fashion designs in China. The second section offers an analysis of infringement cases involving fashion designs published during the Baiyi Cup Intellectual Property Case Summary Writing Competition held in China in 2023. It outlines the shortcomings of the current Chinese copyright laws regarding the protection of fashion designs, and proposes measures for improvement. This study argues that the institutional framework for intellectual property rights in the Chinese fashion industry should align with practical considerations and explores suitable legal regulations and how they relate to specific circumstances in China. Besides refining the legal framework, fashion designers and enterprises must take measures to entablish the intellectual property rights of their clothing brands.
참고문헌 (19)
- "Agreement on Trade-Related Aspects of Intellectual Property Rights, Trips", Ministry of Commerce People’s Republic of China § 1, ~ (1994)
- "Agreement on Trade-Related Aspects of Intellectual Property Rights, Trips", Ministry of Commerce People’s Republic of China § 2, ~ (1994)
- "Agreement on Trade-Related Aspects of Intellectual Property Rights, Trips", Ministry of Commerce People’s Republic of China § 4, ~ (1994)
- "Berne Convention for the Protection of Literary and Artistic Works", Ministry of Commerce People’s Republic of China § 1-3, ~ (1886)
- Chen, Y. Z. N., "Research on the copyright protection of garment design works", Electronics Intellectual Property, (Z1), pp.113~120 (2017)
- "Convention Establishing the World Intellectual Property Organization, WIPO", Ministry of Commerce People’s Republic of China § 8, ~ (1967)
- "Intellectual Property", 2019, 26~36
- Jiao, Z. X., "Research on legal protection of intellectual property rights of costume design", master, pp.2022
- Jin, Y., "Intellectual property protection of fashion design", Journal of Silk, 56(10), pp.56~60 (2019)
- Lee, M. Y., "科学创新驱动下服装设计的版权保护问题研究", master, pp.2022
- Lee, X. Q., "Research on the countermeasures of intellectual property protection of my country’s clothing design works", master, pp.2021
- Meng, X. J., "实用艺术作品宜为著作权独立的保护对象", Academic Research, (3), pp.46~51 (2013)
- "Patent Law of the People’s Republic of China", The National People’s Congress of the People’s Republic of China § 23, ~ (1984)
- "2023知识产权案例概要（裁判规则）撰写比赛"[URL]
- "Statute of Anne" (2022)[URL]
- "全国人民代表大会宪法和法律委员会关于 《中华人民共和国著作权法修正案(草案)》 修改情况的汇报" (2020)[URL]
- "中国知识产权保护状况" (2005)[URL]
- "“百一杯”2020知识产权案例概要（裁判规则）撰写比赛圆满结束" (2020)[URL]
- "「案例概要03」 8则服装著作权侵权与不正当竞争纠纷的案例概要" (2023)[URL]