패션산업계에서의 지적재산권과 법적 보호의 문제점
Intellectual Property Rights in Fashion Industry and the Problems of Legal Protections
황유선(전북대학교)
26권 1호, 333~358쪽
초록
The purpose of this paper is to effectively protect intellectual property rights in Fashion industry. In Law, intellectual property rights is classified as ‘Industrial Property’ and ‘Copyright’. But this classification is not appropriate to discuss issues of Fashion Industry. Because Fashion industry has both industrial and artistic aspects. Intellectual property issues in Fashion industry, mainly occur in the area of design and trademark. Design right and Copyright are related to fashion design. Trademark right is related to fashion trademark. And the Unfair Competition Prevention Law complementally protects the fashion design and the fashion trademark. Annually each company produces hundreds of fashion design. But the number of Design registration is too small. The reason is as follows: the short fashion cycles, the cost and time of registration, the distrust of the legal protections. Thus, most of fashion designs is unregistered. It can be protected by the Unfair Competition Prevention Law. But the design or mark must be widely known to the public in Korea. In domestic fashion industry, there are only a few companies to meet this legal requirement. Most fashion companies are small and unknown. In the case of the domestic fashion industry, the Unfair Competition Prevention Law is not effective. Under the current law, it is not perfect to protect intellectual property rights in Fashion industry. Because there are some problems related to a distrust of the legal protections, a lack of awareness of intellectual property rights, a lack of legal systems, and the situation in the domestic fashion industry. Considering these problems, as of now it will be effective to recognize ‘Fashion Design’ as ‘Works of applied art’ and protect it as ‘Copyright’. However, if the specific standards of similarity can be set, the trust of the legal protections will be recovered and the number of Design registration increase. Ultimately it would be more effective to protect the fashion design by the Design Protection Act.
Abstract
The purpose of this paper is to effectively protect intellectual property rights in Fashion industry. In Law, intellectual property rights is classified as ‘Industrial Property’ and ‘Copyright’. But this classification is not appropriate to discuss issues of Fashion Industry. Because Fashion industry has both industrial and artistic aspects. Intellectual property issues in Fashion industry, mainly occur in the area of design and trademark. Design right and Copyright are related to fashion design. Trademark right is related to fashion trademark. And the Unfair Competition Prevention Law complementally protects the fashion design and the fashion trademark. Annually each company produces hundreds of fashion design. But the number of Design registration is too small. The reason is as follows: the short fashion cycles, the cost and time of registration, the distrust of the legal protections. Thus, most of fashion designs is unregistered. It can be protected by the Unfair Competition Prevention Law. But the design or mark must be widely known to the public in Korea. In domestic fashion industry, there are only a few companies to meet this legal requirement. Most fashion companies are small and unknown. In the case of the domestic fashion industry, the Unfair Competition Prevention Law is not effective. Under the current law, it is not perfect to protect intellectual property rights in Fashion industry. Because there are some problems related to a distrust of the legal protections, a lack of awareness of intellectual property rights, a lack of legal systems, and the situation in the domestic fashion industry. Considering these problems, as of now it will be effective to recognize ‘Fashion Design’ as ‘Works of applied art’ and protect it as ‘Copyright’. However, if the specific standards of similarity can be set, the trust of the legal protections will be recovered and the number of Design registration increase. Ultimately it would be more effective to protect the fashion design by the Design Protection Act.
- 발행기관:
- 한국기업법학회
- 분류:
- 법학