1. How to define plagiarism in the clothing industry
1. Clothing industry Plagiarism is an infringement, so the definition of clothing plagiarism must meet the four constituent elements of general tort liability, namely the illegality of the act, the existence of facts of damage, causality and subjective fault.
2. There is a defining formula for plagiarism at the intellectual property level: contact + substantial similarity.
(1) Contact: The plagiarist has come into contact with online works or has the possibility of contact;
(2) Substantial similarity: Judging the similarities and differences between the clothing from the perspective of ordinary people, if it causes visual confusion to ordinary people, it constitutes substantial similarity.
3. If clothing plagiarism constitutes infringement, the rights holder may require the plagiarist to stop the infringement, eliminate the impact, apologize, compensate for losses and other civil liabilities.
4. Legal basis: Article 52 of the Copyright Law
There is no Anyone who publishes his or her work with the permission of the copyright owner, publishes a work created in collaboration with others as a work created solely by himself without the permission of the co-author, or who does not participate in the creation, or who signs his name on other people's works for the purpose of seeking personal fame or gain, and other infringing acts shall be punished. Depending on the circumstances, we assume civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses.
2. Whether clothing design is protected by the Copyright Law
To be protected by the Copyright Law, it should be based on the general characteristics of the work. That is, the creation is an intellectual achievement created by a person, is original, and can be tangibly copied.
1. Clothing design drawings: including clothing structure drawings and renderings, which are generally protected as works of art in practice;
2. Clothing layout design drawing: that is, layout drawing, which has certain professionalism and technicality. In practice, it is generally protected as product design drawing;
3. Clothing samples and ready-made garments: There is considerable controversy in practice regarding their three-dimensional shapes. Some courts believe that they do not belong to the category of "works" under the Copyright Law and are not protected by the Copyright Law. ; Some courts believe that it should be protected as a work of art.
4. Legal basis: Article 3 of the Copyright Law of the People's Republic of China
This The works referred to in the Law refer to intellectual achievements that are original and can be expressed in a certain form in the fields of literature, art and science, including:
(1) Written works;
(2) Oral works;
(3) Music, drama, Works of folk art, dance and acrobatics;
(4) Fine arts and architectural works;
(5) Photographic works;
(6) Audio-visual works;
(7) Engineering Design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works;
(8) Computer software;
(9) Other intellectual achievements consistent with the characteristics of the work.
3. How can fashion designers protect their rights
1 , register the copyright of the design work. Although copyright registration cannot substantively determine whether the registered creation is a work in the legal sense,However, the copyright ownership of the creative work can be clarified.
2. After collecting evidence, complain to the platform. You can provide feedback on infringement matters to the platform where the infringement occurs, and request the platform to immediately disconnect the infringing links and remove relevant products from the shelves. If the platform does not deal with the infringement and allows the infringement to continue, the platform can be required to bear joint liability.
4. Report the case to the intellectual property department, industrial and commercial department or the public security organ.
5. File an intellectual property lawsuit.
my country's current law does not clearly identify clothing design as a "work". A large number of plagiarism in the practice of the clothing industry is generally through "contact + substantial similarity" Defined by the formula, plagiarism is an infringement, and the infringer must bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses. The above is the content compiled by the editor. If you encounter a dispute, you still need to analyze the specific issues in detail. If your problem cannot be solved, you can consult a professional intellectual property lawyer on the Legal Savior Network.
