Are knockoffs good for the Fashion industry Research Paper

Are knockoffs good for the Fashion industry - Research Paper ExampleThe paper Are knockoffs good for the Fashion industry talks about knockoffs in the panache industry. According to the old notion, fashion was craft and not an art. Today the concept has changed. According to the new definition, fashion is a form of fictive expression and is very near to wearable art. Nowadays, fashion industry is facing copyright problems around the globe. Take the example of any developed country w here it is grueling to protect garment industry from copying fashion. If we look at it from the angle of law, it means that unless garment industry guides into one of the common law category, it cannot be protected. Garment industry portrays artistic craftsmanship. Therefore, case law disfavor cited sort of argument as a string of cases. In this respect, we may refer here to the case of Merlet v Mother Care. The artistic term in the copyright world is not familiar. Hence, a judge requires considering it on aesthetic merit of the work. on a lower floor the mentioned circumstances, it is possible to protect fashion related works from the purview of copyright. Contrary to European Union, there is no sui generis design regime in the United States of the States therefore, copyright is the only legal framework to protect original fashion from being stolen. As far as the creative elements and invest designs are concerned, they fall beyond the ambit of US copyright law since garments and their accessories are treated as useful articles, hence remain unprotected. We all agree on the point. that enclothe is an inherent function, so copyright law has no access on the look and cut of a dress. However, the patterns or the prints can be challengeable in accordance with the mentioned right. US Copyright Protection Act The US copyright protection act is applicable to an expressive original work of a interior designer affixed visibly in an outfit. It provides exhaustive eight categories of t he work of craftsmen against which a copyright act is applied. The perusal of the said act indicates the absence of fashion designs amongst the living list. It means that both apparels and fabrics designs fall within the ambit of copyright protection act. If we may go through the doctrine of useful articles, it is identified that most apparel designs do not fall within the category of copyright protection act. The other side of the coin is that under EU design law, styles in fashion are specifically excluded from the protection of copyright list (Peter 2007). In order to invoke the jurisdiction of competent court of law under the copyright act, it is officeholder that the work displays originality. The mentioned act debars similar designs, common stripes and colors because they lack originality. It is clear that the copyright protects the artistic side of the product and has nothing to do with its serviceable aspects. However, where the originality in apparel designs or fabric de signs is proved, he or she will receive punishment from the court of law under the copyright act (Keymeulen 2012). ahead punishing the designers for copying the designs of other designers, several tests are to be conducted to determine the similarity.