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Fashionable industry tall tube is daily the morning paper that reads surely and public feelings
Opposite at " achieve a gender formerly absolutely " , international fashion group is current more advocate " authenticity "
As the industry that is drive with originality, vogue is not had can avoid the ground to be being faced borrowed chronic illness of this group course of study.
As science and technology develop to connect speed to accelerate with iformation flow, of originality diffuse efficiency is promoted quickly, but relevant law updates speed to lag behind, make borrowed cost is reduced greatly. Asymmetry of this kind of information and speed differ the gray region in the industry, fast multiply gives numerous pursuit the commercial system of short-term profit.
For example the most important fast fashionable category inside the industry, walk in namely borrowed a when the development on forbidden zone rises gigantic naval vessel, its trade pattern suffers bad-mouth all the time in morally. And be in China, brazenly ground hits store of the net that clean out treasure edition is duplicate luxury brand and stylist brand also are inside very long period of time making profit of a huge sum, till recently, clean out Bao Ganggang to be included by the United States again " notoriety market " .
In one layer upon layer and duplicate process, the originality excessive price of brand and stylist is exploited ceaselessly, final consume the source motivation of the industry. Borrowed variously however dispute makes from all of body and mind of trade public figure exhausted, the industry is protected to be being achieved formerly also often ability not equal to one's ambition. More important is, because originality draws lessons from what wait for a series of concepts with culture divert to appear, the definition that achieves formerly and standard are occurrent differentiation, the person of different group layer and viewpoint of value does his utmost to maintain subjective position, be limitted in what the right improves on the operation hard however and protect, cannot establish effective conversational mechanism in the industry more.
In the discussion frame that fashionable industry was immersed in a kind to secure, for example the frame that each media reports besides to borroweding the case undertakes incident is combed besides do not have new idea, because lack is right,borrowed objective and indifferent judge standard, and the bound phasing with legal patent to dress exterior group is right complex, public public opinion undertakes development discussion to incident hard, final result often is to end up with nothing definite.
Recently, inside fashionable circle again because of borroweding a few start line of business the controversy tide of wife person, as the development of a got-up affair, it is the origin that we understand this one problem afresh probably right now, seek new perspective and the critical hour that settle way.
▌ 01
According to message of The Fashion Law, day of Off-White of American wet card is forward deserve to act the role of brand Rastaclat 18 dollars of a price, name is " Off-Clat C/o Rastaclat " hand catenary is initiated borrowed lawsuit, this bracelet is in with " Off-Clat " and / or " Off-Clat C / O Rastaclat " all sorts of shopkeeper that name is mixed to include Yamaxun inside by the brand sell. This brand is returned at the same time open a series of lawsuit of the retail brand to many sale fake. This is meant, the Off-White that because achieve a gender formerly,often suffers doubt also begins to protect his intellectual property actively.
In this case, off-White thinks the product of Rastaclat used its classical quote and element of gules slide fastener, try to puzzle consumer, let them think those who buy is the product of Off-White by accident. Although,do not pass Off-White to lodge a complaint, but the brand was not brand of a:appellant element patent application actually.
To this, off-White thinks, in the history of 6 years of development of the brand, element of these two designs has passed extensive sale activity and the consumer public praise that arise from this and public opinion effect, accumulated brand asset. Shopkeeper, consumer and public had been familiar with Off-White product and brand label, contact these commodity elements technically together with Off-White.
Even if is to be aimed at Off-White course of study already the element of brand mark sex of well known undertakes intellectual property is protected, dimension authority also has certain difficulty
In July 2018, off-White ever applied for the brand of gules slide fastener to refer USPTO of bureau of American patent brand to try, but in December by this orgnaization preliminary overrule, at present this brand still is in devote oneself to to apply for to register " gules slide fastener " use at outfit of jacket, pants, tire, shoe kind trade mark right.
According to the view of bureau of American patent brand, of trade mark right of gules slide fastener limit was full of potential problem. Itself of slide fastener chalaza has functional sex, and functional sex product cannot be protected as brand. However, the element of Off-White patent application is gules slide fastener, the brand claims the one part that red is brand, but people thinks, substantially this one element also does not have uniqueness.
Unlike trademark law, exclusive law is right of the product " uniqueness " and " novel sex " do not set a requirement, the criterion that its limit basically is to whether be had " promiscuous likelihood " . This is meant, off-White must prove gules slide fastener has been in the acknowledge of average consumer established connection with the brand, offer include advertisement pay, sell data, the evidence of the respect such as exposure of tripartite media.
This shows, even if is to be aimed at Off-White course of study already the element of brand mark sex of well known undertakes intellectual property is protected, protective exterior also has certain difficulty. Resemble Off-White especially such brand, its author Virgil Abloh is nowadays in fashionable industry, undertake to daily thing modern the delegate person that turns this one tide, limit to what its originality achieves a gender formerly be full of controversy.
▌ 02
On April 27, in sina small gain had the Lv Yan exceeding a standard of 5 million vermicelli made from bean starch to release a small gain, one stone arouses 1000 billow. Small gain announced the stylist brand COMME MOI that founds by its to accuse Shenzhen shadow formally the lawyer that fashionable group is suspected of borroweding cases. COMME MOI founded 2013 by Lv Yan exceeding a standard, basically face 25 years old of city female consumer that reach 35 years old.
Lawyer letter shows, shadow include below fashionable group division " the song in song of Song Of Song " , " YINER voice " , " INSUN favour skirt " , " OBBLIGATO Ao Lijia " the design height of the much money dress that waits for many brands and COMME MOI is similar. Picture of COMME MOI demand fashionable group establishs at present to wear and destroy by melting or burning is relevant product, at the same time to advocate swallow of manage person Lv and brand apologize.
The lawyer letter that COMME MOI issues shows, shadow the design height of the much money dress of below fashionable group division many brands and COMME MOI is similar
It is early before a month, lv Yan Cengtong crosses its individual to accuse a shadow from media Zhang date fashionable group borroweds, shadow fashionable group borroweds at releasing the first statement to deny on March 29 accusation, express to should accuse to banner inferior card figure caused abominable effect.
Notable is, in the first shadow in Feng Shengming fashionable group with " stylist of domestic some brand " era says, not demonstrate COMME MOI. Shadow fashionable group emphasizes in statement, the Chinese garment industry that establishs to already had 23 years as company of group of generation much brand, its special esteem intellectual property and the fashionable dress enterprise that research and development innovates, staff of current group of research and development already amounted to 300, this Lv Yan indicates borrowed clothes money all does not have legal basis, because this asks COMME MOI deletes opinion on public affairs, will investigate duty of law of relevant responsibility person through legal approach otherwise.
However public opinion ferments ceaselessly, after small gain is given out, of Lv Yan relevant small gain turns the number that criticize support exceeds 2000, the transmit that got the public figure inside numerous course of study supports.
The graph is the small gain content that Lv Yan releases, at present transmit comments on number to already exceeded 2000, its have 5 million vermicelli made from bean starch in sina small gain
To this, shenzhen shadow fashionable group says at the 2nd statement was being issued in small gain on April 30, lv Yan and its company place are encroached a shadow the reputation of fashionable group and dress of banner inferior card counterpoises, will right the practice of reputation of business of group of Lv swallow bespatter investigates its law duty, the banner actually that points out Lv Yan is hitting dimension of use statute measure to counterpoise depends on conduct propaganda and eyeball of try to gain.
Lv Yan sends small gain to emphasize again in small gain, she is mixed to slander by frame a case against. Lv Yan is right fashionable head the net expresses, oneself take legal approach without the consideration at first, she ever expressed publicly in many circumstances, after the business that did oneself, she feels clothing company can be done deeply big special not easy, the design group of hundreds of people has each other individual stylist errs solid it is normal to belong to, she expects originally the other side can have big company take on, apologize and issue a relevant product to be found out no longer. But those who make its accident is, shadow fashionable group criticises she is shocking competition, her immediately realizes, "If connect me what have certain speech right ask for help does not have the door, who can still come to protection and attention stylist brand after, industry environment can become poorer only. Industry environment can become poorer only..
Subsequently, lv Yan decided to invite in the lawyer group with intellectual property seasoned respect, acting charge is as high as hundred thousands of. She has made dozen of preparation that does not win lawsuit, "More important is to let whole industry and even relevant section pay close attention to this thing, urge the change of a few essence. Industry of movie and TV rises in combination blow pilfer edition, why is dress not OK also? Why is dress not OK also??
And be in additional at the same time, shadow the footing that fashionable group also is holding to him, this group is right fashionable head exclusive response weighs the net, "Think about Lv Yan ' borrowed ' , legal group has him to maintain regulation, holds whose quote, lv Yan must take out the evidence that law approbates to prove her view, shadow support settles bilateral dispute with legal means. Shadow support settles bilateral dispute with legal means..
The graph is a shadow the 2nd statement that fashionable group issues
This group emphasizes, "This matter essence, be absent ' borrowed ' itself, however the unfair competition action with very strong sex of a purpose, through debasing a competitor ' borrowed ' , come of seek self interest the biggest change. Shadow think Chinese garment industry should be orderly competition first and last, if involve,encroach intellectual property, can use legal measure to solve, but by a few pieces so called ' similar ' element, for no reason criticises female outfit of industry of garment of a China is gotten army enterprise, make conduct propaganda for him brand, shadow say to touching porcelain behavior not. Shadow say to touching porcelain behavior not..
Very apparent, lv Yan and shadow fashionable group is defined to what borrowed existing to be distinguished apparently originally, former be opposite in order to design a group " uniqueness " some kind of consensus serves as limit a criterion, and latter staff guage is active law, think the design element of both is only " similar " , be not legal conceptual " borrowed " , and the origin of its material is not COMME MOI, however international popularity trend. In fact, it is right merely the design undertakes tracing to the source, and undertake cognizance this to be being achieved formerly, no matter be in jural or fashionable dress bound is very complex textual research process.
Of the standard different the difficulty that causes a dialog. And both sides also is acting the different role with increasingly intense competition on industrial catenary, this also aggravate communication avulsion. Such COMME MOI stylist brand, the burgeoning category that regards Chinese dress as the market is rising abruptly ceaselessly, begin to commercialize, dimensions is changed undertake dilate. This kind of brand often has style fixed position and fashionable point of view first, again progressively tamp supplies chain, they are as fashionable as international on design concept tide more conform, but relatively backward still on capital level and brand management.
The shadow that is located in Shenzhen fashionable group is with bead the dress manufacturing industry of trigonometry area is a foundation, through batch production maintains the dimensions since to turn dress business, depend on the deep ploughing in home market and channel, the speech that mastering garment industry for a long time counterpoises. typical to this kind Chinese dress company, fashionable consciousness is the exotic that globalization tide accompanies to enter a business after the company is mature.
In the mature process of home market, stylist brand and in the competition that the commercial brand that high end fixes a price begins to face the obverse side concerns, to both sides, business praise it is main brand asset, this also makes borrowed incident by both sides more earnest ground is treated.
▌ 03
With respect to home's active law provision character, public figure of major legislation group thinks to file exterior patent for dress is not most the salvo with efficient economy.
The exterior designs patent length of protection to be 10 years, examine period it is 6 months roughly. Garment industry is a trade of typical quick pass the time in a leisurely way, although the brand applied for the exterior to design patent, the product already passed s surname normally. Be opposite especially young stylist brand, they are in weak force on legal dimension authority, devoid manpower, energy and financial capacity have patent application.
Liu Yafei's lawyer expresses, exterior design patent awards examine, accredit, its cycle is relatively longer, and once accredit, need pays Fei Wei every year to hold. Tell from characteristic of garment industry oneself, dress design follows times popularity trend, the market cycle of dress style is shorter, regard dress as the time that put in with the quarter commonly, the dress that needs the exterior 10 years to design patent protection truly sets Ji Shaozhi little. Accordingly, the lasting effect exterior of high cost designs patent and do not suit the dress that gives priority to with quarterly trend to design.
Besides exterior patent, copyright although need not special application, but in judicatory practice, still operate hard. Copyright law indicates work, it is to point to have inside literature, art and scientific domain Promethean the intellective achievement that can duplicate with some kind of visible form.
But those who deserve attention is, copyright limits does not include the share of practical expression and functional sex. To holding the fashionable dress that has originality sex and functional sex concurrently, how to distinguish use expression of gender and artistic quality, public domain and Promethean expression actually, make cognizance ready-made clothes whether the difficulty issue that wins copyright protection.
Liu Yafei's lawyer suggests, should hand-me-down form an element to undertake fractionation, undertake the right is safeguarded respectively. For example, dress design adornment gives as art work copyright is protected, cloth production gives through patent product, method protection, dress significance feature passes trademark law, turn over unfair competition law to give protection.
The protection to dress intellectual property is problem of a whole world, but since last year abroad had obtained a few breakthroughs in this domain.
In July 2018, OTB of Diesel parent company sues group of Inditex of Zara parent company to borrowed the case that sandal of its Diesel jeans, Marni designs already was obtained win the lawsuit. Although Inditex group insists to say to apparent difference exists between its sandal design and Marni sandal, and the jeans of Diesel for lack of achieve a gender formerly behavior of nonexistent also tort, claudio Marangoni of Milanese court judge still thinks the behavior of Zara already was formed borrowed with tort, requirement Inditex group instantly recall tort content stops to sell, pay the compensation of 235 dollars for every product.
OTB group puts forward sandal and jeans design to borrowed to ZARA accusation, ZARA is sentenced to borrowed first hold water
This lawsuit only then 2015, the accusation that mentions at that time according to OTB group, zara is made and the sale is modelled on the behavior of commodity violated law of European Union intellectual property, among them the exterior patent of Skinzee-SP jeans already was registered in the European Union.
Analytic personage points out, this court decision acknowledged the enrollment inside European Union limits and the possibility that did not register the exterior to design tort damages, belong to in Europe first, although this adjudication still has the possibility that is appealed, but the attorney office Dentons that helps OTB group represents this action in a statement " the intellectual property that is European Union interior executes the law open the door of new option " .
fashionable to luxury brand, dimension authority difficulty and fashionable product patent are limitted hard, area law difference and dimension authority cost are more advanced closely related the element. Because the law all does not have trademark law and copyright to bring into dress protective limits, borrowed in the United States the dress design that those were not awarded to design patent does not attribute illegal action. The originality part of the design of a dress is like the design element such as printing to be able to get protective, but whole dress does not have intellectual property however, and trademark law protects the name of stylist only or be brand mark.
Christiane Campbell of partner of office of Duane Morris attorney ever expressed: "An article should enjoy copyright protection, cannot have functional sex. Accordingly, all the time since fashionable dress cannot be protected duely by law. All the time since fashionable dress cannot be protected duely by law..
Those who deserve attention is, christian Louboutin can count the main and extravagant brand that launchs a challenge to the gray region that fashionable product exterior protects in recent years, the patent that enjoys in place of shoe of red to its background mentions to courtyard of European much domestic discipline exercised by the head of a feudal household after the lawsuit that is as long as a year, the trade mark that the mark sex red that European Union supreme court uses at will announcing a brand this year in June and shoe appearance make jointly is protected on certain level by European Union law.
Christian Louboutin is the main luxury brand that the gray region that protects to fashionable product exterior in recent years launchs a challenge
High court of the Paris before this adjudicates Christian Louboutin owns patent of red background shoe likewise, but in the country such as Holand, Switzerland its apply for to be rejected by the court, this incident enough shows fashionable product to sell the complex situation that Shi Weiquan faces in international.
Nevertheless, the European Union already was in 2016 roll out a centralized system, to register and be not the design that registers stylist the circle provides a patent system, can protect dress and the design right that deserve to act the role of. The period of efficacy that patent of exterior of this kind of design protects is commonly 14 to 15 years, effective when long depend on the choice of the brand. Although do not have public data at present can the design patent amount of statistical fashion industry, but design patent applies for to increasing by degrees in year after year.
Subsequently of emerge as the times require besides what provide legal support to the brand internationally beyond commonweal organization, the company that is a delegate with American SBC Law Group has fashionable hairdressing field the expert of integrated setting and lawyer, can offer to fashionable brand mix to permissive agreement from brand image, brand, copyright, patent the intellectual property such as confidential agreement protects a service, assist its to accelerate patent to apply for a process.
▌ 03
Up to now, law still is not fashionable trade group borrowed surely and safeguard the step with stylist the most significant increase, and on legal meaning borrowed relatively borrowed mediumly at industry consensus, the doorsill is relatively inferior. Individual brand seeks legal approach to undertake handling, get compensation besides the likelihood besides, very finite to changing the intention of industry whole current situation.
Mix from Lv Yan only shadow the dispute of fashionable group can see domestic industry lack consensus base to starting a design formerly. This part comes from the inadequacy that domestic fashionable industry communicates, fashionable industry is disparate encircle each other repulsion, respective and bristly, "Fashionable dress is encircled " and " dress is encircled " place importunate is proud wear with bias block up the industry sides with more efficient and orderly direction to advance.
In people the fashionable dress of will high aesthetic level is pushed to when commercializing, they need to be familiar with and get used to the regulation of commercial market, realise " divert " with originality the rule that diffusing is public spending market; And if the dress business that dimensions turns seeks the progress that can last more, need to there is the design talented person that starts consciousness formerly through inviting in the times of globalization, exert oneself promotes his design capability. What have competitive level only is ceaseless carry litre of whole development that will promote a trade.
If Lv Yan suggests, it is besides legal protection, fashionable industry should build an industry to interior is organized and borrowed instead more group, this proposes uniform occupation standard to compose not only beneficial, also can undertake supervisory to entire industry, build industry reputation to evaluate a system, promote the morality from personnel of course of study the standard, the originality of normative industry produces kind, put an end to the fluky psychology that designs a process. In the meantime, sexual communication platform adds the outfit week, forum whole nation when domestic dress industry also can be passed to differ into the industry the link communication to starting a topic for discussion formerly and understanding.
Besides, as the promotion of ability of acknowledge of consumer of domestic young generation, they also will give birth to the judgement that issues their to achieving ability formerly, force the brand is on the foundation of trend trend thereby, roll out individuation degree and differentiate degree of higher design, development goes the mark sex style of the brand, what avoid a design thereby is duplicate.
In an industry that always changes, it is very important also to break reasonable to starting notional firm formerly solution. Opposite at " achieve a gender formerly " (Originality) , international fashion group is current more advocate " authenticity " (Authenticity) .
Miuccia Prada is being accepted " Vestoj " when the magazine is interviewed, express, "True without the person care who did this thing the first times, who is the 2nd, or who be the 3rd. What we master today is the carbon of other creation carbon only, the last the person that did the person of this thing to invent it namely. Miuccia Prada thinks, "Achieve a gender formerly " in current already no longer important.
The style nowadays is already little little have overturn sexual function innovates, however the ceaseless loop of the trend. Various dresses are in centenary in the past be created to come out ceaselessly, what doing not have is absolutely innovation, however of the element recombine. Cast off draft age when stylist, enter with the times that inspiration board regards creation as the foundation, they do not have the creation achievement that can prevent the ground to using another person. Jerry Saltz of artist of no less than expresses, achieving a gender formerly had been more and more not important measure index, the artist is using the figure of other nearly always.
The extreme that no matter be the Demna Gvasalia of the Virgil Abloh of Off-White, Vetements or Supreme,is this one trend is represented. Virgil Abloh packs simple zebra crossing design through sale effect become explode paragraph, make imprint the sheet that the T-shirt of Logo becomes teenage quest because of the special significance of brand is tasted. The DHL T compensate of Vetements combats mock effect through creating situation of language of displacement of every day object, make the favorite of bound of high the latest fashion. Supreme arrives to reach collaboration with latter from printing of divert Louis Vuitton, dapper Dan creates the greeting target that becomes Gucci work again to luxury brand printing from 90 time, behaved this one trend clearly.
" 032c " the magazine is written when interviewing Virgil Abloh, "In contemporary after vogue, start the business with became main least of all formerly. " " System " the magazine is in the special subject of a Virgil Abloh and architect Rem Koolhaas, flat with " have pron any thing truly without the person " to serve as a title.
But this did not mean fashionable industry to lose moral standard, also do not mean " borrowed " notional invalidation.
Miuccia Prada advocates with " authenticity " (Authenticity) as new judge standard. She thinks, authenticity is " the thing that adds oneself in the thing that has existed, drive a thing to develop ahead. " change character, stylist can be in already undertook be creatinged again on original foundation, and the actor bad of creation depends on stylist innovates to infuse the devoted degree of content.
In fashionable industry professional, and consumer to excellent design discern after ability gets whole promotes, the similar sex rate that people designs to differring, and what reflect in the design " authenticity " also will make the judgement that has consensus sex, this also becomes entire industry to discuss borrowed the conversational foundation of the problem.
Be together another case borrowed dispute backside, hiding the trade problem of deeper administrative levels. Just expand the fashionable trade that rise nearly 30 years in China, just needs to break in-house bias, open true illuminative with the dialog.
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