Intellectual Property Rights Involved in the "Taiping Bird" Plagiarism

Recently, Taiping Bird was rushed to the hot search due to repeated plagiarism. Taiping Bird, once rated as the light of domestic products and successfully transformed, was once again pushed to the public trial. The disputes caused by plagiarism in Taiping bird enterprises belong to the intellectual property disputes in the clothing industry, which specifically involve the issue of clothing copyright.

In the sense of copyright, clothing can be divided into two categories, the first category refers to the current clothing market in some stereotyped categories of clothing; the second category refers to the appreciation of fashion art clothing. For the second category, it is generally designed by a special clothing designer, expressing specific thoughts and emotions, reflecting the designer's unique ideas, and belongs to the provisions of my country's copyright law.Works shall be protected by copyright law. The design drawings in the second category of clothing design include clothing design renderings and clothing frame diagrams. Clothing design renderings canclassified as painting works to carry out protection.The original clothing frame diagram can be attributed to the protection of graphic works and physical model works. However, as an inherent right, copyright arises with the creation of the work, rather than the recognition of the administrative agency. Once the work is completed, it is automatically protected and does not need to be registered, but it is also difficult to determine the creation date of the clothing design., Causing the original designer to be lazy in safeguarding rights.

In order to actively protect rights more effectively in the later period, the original designer can register the copyright of the work in time. Although copyright registration is not a necessary condition for copyright protection, when infringement occurs, copyright registration can more easily prove the ownership of copyright and improve the efficiency of rights protection. However, in the process of safeguarding rights, there is still a key problem for designers, that is, how to define whether it constitutes infringement. Some people think that as long as there are a fewDifferences in design can avoid infringement,This cognition will encourage plagiarism to a certain extent, and will greatly damage the legitimate rights and interests of original designers. The criteria for judging copyright infringement are"ContactSubstantially similar ", that is, the author of the latter work has the opportunity to come into contact with the former work, and the latter work is substantially similar to the part of the former work that should be protected by copyright. Among them, the judgment of whether the copyright constitutes substantial similarity is similar to the judgment of the design patent, and it also needs to be judged from the perspective of the general public.If necessary, we can rely on the professional knowledge and professional use of professionals to seek the best way to protect their rights.

For the healthy and orderly development of the entire clothing industry, it is not only necessary to actively protect the rights of original designers, but also to improve the awareness of copyright protection in the industry and create a good copyright protection atmosphere. In the development of garment enterprises, we should strengthen the research and development, return to the design itself, pay attention to the original design, in order to stand in the fierce competition.