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Study on Copyright Protection of Works of Clothing

Author: DaiNaNa
Tutor: JiGuangBing
School: Chongqing University
Course: Civil and Commercial Law
Keywords: Works of Clothing Copyright Legislative Suggestion
CLC: D923.41
Type: Master's thesis
Year: 2009
Downloads: 128
Quote: 2
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Abstract


Works of clothing, which has the artistic features, is the intelligent achievements of clothing designers. The works is protected by the copyright law in some jurisdiction and the international conventions on copyright protection. However, in China, the copyright law doesn’t give a clear prescript that works of clothing should be a type of protective works. Therefore, in this thesis, based on the methods of induction, comparison and deduction, firstly, feasibility of copyright protection about works of clothing is discussed. Then necessity of copyright protection about works of clothing is demonstrated by the comparison of works of clothing and patent protection for clothing design. Furthermore, on the basis of studying the protection status of works of clothing at home and abroad, legislative suggestions on how to consummate Chinese copyright protection of works of clothing is proposed.This thesis is composed of three parts: introduction, body and conclusion. The body part can be divided into four chapters.The first chapter is the summary of works of clothing whose connotation, scope, characteristics as well as discrimination of relevant concept are analyzed after introducing the basic information of clothing and dress designing.The second chapter presents the feasibility of copyright protection about works of clothing. This chapter at first explores the attribute of works of clothing, the field it belongs to and its originality with the basic theory of works of clothing, and then achieves a conclusion that copyright protection about works of clothing is feasible both theoretically and practically.The third chapter compares the copyright of works of clothing and patent protection for clothing design. It mainly investigates about the present situation of patent protection for clothing design and the relationship between the two kinds of protection, upon which the conclusion was drawn that the copyright of works of clothing enjoys the priority of being protected and the double protection model is further examined.The fourth chapter states the institutional construction of the copyright protection of works of clothing. By analyzing the international conventions, the present legislative and judicatory situation of copyright protection about works of clothing in China and some other typical countries, the thesis puts forward some suggestions on consummating Chinese copyright protection of works of clothing.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Copyright Law
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