The Study on the Protection of Fashion Design in light of Passing off and Copying – from the Law of the U.S. and Taiwan in Comparative Perspective

Autor:	Chi-HaoYang, 楊淇皓
Rok vydání:	2017
Druh dokumentu:	學位論文 ; thesis
Popis:	105 SUMMARY Fast fashion creates a great business through passing off and copying in recent years, which has changed the traditional business model of fashion industry and become a big challenge to the original designers in the market. This thesis aims to figure out how to protect fashion design and solve the problems of passing off and copying in comparative perspective after observing the new market trends. The suggestions of this thesis will divide into three parts. First, if we can build a complete inspection system to examine the distinctiveness of the trade dress with more clear standards and objective evidences, both of all will certainly and gigantically improve the protection of fashion design. Second, in order to conform and practice the legislative purposes of Copyright law, we can use the standard of actual confuse from Trademark law to eliminate the difficulties on the judge of originality. Third, we also have to make a division between the design behaviors, saluting design and inspired design, before judging the infringement and it will help us to deal with the main controversy in the industy. Thus, we can actually achieve the destination to protect fashion design under the modern laws. INTRODUCTION In the first section, this thesis will introduce the origin of the fashion industry and discuss the parts of design works which can be protected under the laws. It will start from the essence of fashion industry to the marketing strategies and the new industrial structure. Also, we will review the literatures discussing the rise of passing off and copying with the different viewpoints to the issue. Meanwhile, we have to acknowledge whether the modern intellectual laws and Competition law are enough to restrain these kinds of actions. These opinions with diverse considers from different careers of people, such as scholars, suppliers, customers or even designers, lead the thesis to start the further discussions in comparative perspective. Then, from the second section to the last, the thesis will concentrate on comparing the laws of the U.S. and Taiwan. Starting from the requirments of Patent Law, Trademark Law, Copyright Law and Competition Law, the thesis will review the relevant protecting for fashion design and also observe the protecting attitude and impression of the administrations and judges. This part will focus on the discussion of these laws, highlighting the importance of building a balanced system on the development of fashion industry and the legal behaviors of copying. In the discussion of the requirments of laws, the thesis will combine the comparison of the theories and several real cases covering from the application to the infringement. Furthermore, the thesis aims to point out the differences between the laws in the U.S. and Taiwan and review the necessity of drawing the important principles established by the U.S. into our legal system. Ultimately, discussing the problems resulted from the density of regulation plays an important role for us to find out the great solution and resolve the controversy in the fashion industry. From the viewpoints of this thesis, I expect to find the best balance in protecting the designers, maintain the order of competition in the market and improve the development of fashion industry. MATERIALS AND METHODS In order to help desingners deal with the dilemma of protecting for their design works, the thesis will focus on pursuing a balance between industry and the laws from the law of the U.S. and Taiwan in comparative perspective. The methodologies employed in the study include “the literature analysis method”, “the case study method” and “the comparative analysis of foreign law”. CONCLUSION If the fashion industry continues to rely on the extension of passing off and copying, it must have its extended limits. Therefore, how the laws help fashion industry to maintain its growth without eliminating the qualities of creativity is the main destination of this study to examine. Neither indulging the rise of passing off and copying nor providing too much protection to the designers will be the best decision. This thesis aims to form a better environment for the fashion industry and there are two suggestions: 1.Summarize the views of the two parties, designers and copycats, we can formulate appropriate development policies to the industry. 2.Adopting appropriate laws and defining the right behavior pattern clearly will help us to find the protectable balance between two parties and provide a broader stage to the customers from different levels under the affordable fashion range.
Databáze:	Networked Digital Library of Theses & Dissertations
Externí odkaz:	http://ndltd.ncl.edu.tw/handle/mnm6u6 Zobrazit plný text záznamu