대체적 분쟁해결 기구 비교를 통한 패션산업 분쟁 해결

Over the years, fashion industry is growing with glowing scale, the law and the dispute resolution system are all ragged and jagged. Intellectual property law, including copyright, trademark and design protection law, have showed less effect in fashion marke in Korea. Justice system based on court litigation had been major disappointment to all the stakeholders in fashion business. It would lead to all designers and fashion companies’ new way of dispute resolution. Litigating diversified disputes in the fashion industry presents a host of problems as witnessed in recent case, resulting in resort to the Alternative Dispute Resolution(ADR) and even more technic-savvy Online Dispute Resolution(ODR). ADR methods, especially Arbitration, however, are increasingly emerging as substitutes to litigation. Using these methods, the fashion industry(CFDA in US case) should sincerely consider a self-regulating program in which its members, both fashion designers and corporations alike, can resolve disputes in a manner mutually beneficial to all parties in order to preserve the industry's growth, solidarity, and esteem Especially for Korean fashion industry, ongoing arbitration procedure of KCAB(Korean Commercial Arbitration Board) would have caused the chilling effect against innovation where new designers with no name and less resources should flourish producing inspired-by designs because the KCAB system may expand the protection of established designers and brands with more resources, subjecting to copyright infringement. This fear and implication could be solved inside the fashion industry since fashion experts know best how to handle these fast-pacing issues arising in the field. Therefore, stake holders in fashion industry should commit to procuring innovation of fashion on a long-term basis by establishing a panel handling an alternate dispute resolution process. ADR process can mitigate the uncertainty created by the KCAB system or any other dispute resolution procedure from elsewhere, which could result in shying away from experimenting inspired-by designs.