| Summary: | 碩士 === 國立臺灣科技大學 === 專利研究所 === 102 === This paper intends to discuss the intellectual property protection of fashion design. In the early era, thesis said that there is no need to use intellectual property to protect fashion design, because plagiarism is viewed as a power of creation. But the speed of plagiarism is growing with the development of technology, many designs are been plagiarized before going on the market, and this will be a trouble to the designers. This paper is based on the assurance of fashion design protection to verify that fashion design need the protection of intellectual property, and provide solutions when amending related acts.
Chapter 2 introduces the main design places around the world, including France, United Kingdom, Italy, New York City, South Korea, and Japan. Our country is also included as design market is developing. The market and the production are introduced to stress the importance of the need of fashion design. Chapter 2 also provides possible intellectual property protection other than using specific law, so that to present the intellectual property protection nowadays is not strong enough.
Chapter 3 discusses that if there are any other acts that specially design for the protection of fashion design. Community Design in United Nations provides registered design right and unregistered design right, and can be freely chosen by designers. If the trend power is strong, than unregistered design right should be used. DPPA and IDPPPA acts are provided by the United States, and suggests that fashion design should be protected by the special rules of copyright law. In South Korea, fashionable design products are protected under the Industrial Design Act. No specific law or rules are made in Japan and Taiwan.
Chapter 4 provides the reasons of why fashion design needs intellectual property protection. First, economic theories indicate that protection has positive effects to the market. Second, designs that are protected by the acts of United Nations have successfully eliminated the infringement of others. Third, Taiwan designers do think the protection of fashion design is needed based on the interviews of this paper. This paper provide solutions when amending related acts, and supports the idea of the acts of Community Designs.
This paper ends with conclusions and comments in Chapter 5.
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