Easy Imitation Is Difficult To Prevent.

clothing

In the mood for love, the cheongsam has been heated up. "Ugly woman invincible" took Arale's glasses with fire. "Naked wedding era" has been red, and the cloak has been attracted by the "men's Gang".

Despite the difficulties, it is a habit for most families to sit around and watch the Spring Festival Gala on New Year's Eve.

On the eve of new year's Eve, CCTV Spring Festival Gala arrived on schedule.

In the absence of Uncle Shan's Dragon Spring Festival Gala, although there is little expectation, the whole party still has many attractions.

Especially for the costumes on the Spring Festival Gala.

The focus is very special this year.

Reporters will be based on Taobao's attention.

NO1 Hu He wears Valentino 2012 holiday series red bow dress.

Hu He is wearing the Valentino 2012 holiday series bow tie red skirt, just appeared in the CCTV Spring Festival gala for two hours, that is, was hung up with the same sales of Taobao.

Valentino has definitely made Chinese red this year, and red just reflects the auspicious auspicious atmosphere of the dragon year. Besides, the simple and elegant design is easy to imitate. Therefore, this dress is the top of the Spring Festival evening custom making top seller.

The price on the Internet varies from 100~600 yuan.

NO2 Niu Li is wearing Marc Jacbos2012's early spring pink dress.

Niu Li's dress up last Spring Festival Gala became a popular search for Taobao. This year, she still chooses a big brand. Because of its mild color, generous style and detailed design, the costume designer Dongyu Zhou has also been dressed in the event.

NO3 Niu Li wears a CHANEL 7 white sleeved wool coat.

The dress on Niu Li's Spring Festival Gala has undoubtedly become the most important concern of Taobao merchants this year. The lovely round collar design plus the bow tied behind the coat, with pink dress and black tights, and fashionable dress up will not fail.

Taobao only accepts reservations, which cost 200 yuan to 300 yuan.

NO4 Qing Dong wears a Elie Saab 2011 autumn and winter custom tailored series of white lace skirts.

Qing Dong, the most popular female hostess in the Spring Festival Gala, was impressed by the Elie Saab 2011 autumn and winter custom tailored lace dress. Only 10 shops sold in the same shop were sold in Taobao stores.

The feeling of hollowed lace is very elegant and sexy.

White shows nobility, and gives the audience a sense of brightness. It is a symbolic payment of 11.6 yuan deposit on the Internet.

NO5 Qing Dong's green water and Green Embroidered cheongsam.

Qing Dong's green water and Green Embroidered cheongsam changed people's traditional idea of wearing red to celebrate the Spring Festival. The most exquisite workmanship is aestheticism, elegance, elegance, and imitation. The price of hundreds of yuan to several thousand yuan is set at Taobao shop.

In a shop, the same dress is priced at 1800 yuan.

Merchants said, "because of the clothing samples, cloth supplies and so on are still on holiday, this cheongsam is only a booking, there is no stock in the shop, we also saw the Spring Festival Gala before it was launched.

The delivery time is probably in early March.

But now we have made 120 reservations.

Buyers can also provide pictures of other styles of clothing on the Dragon Spring Festival Gala.

Because most of the costumes of the main actors in the Spring Festival Gala are custom-made by international famous brand clothing or designated manufacturers, the cost is very high, and the price of online imitation products is very low and low.

The limitation of commodity cost makes it difficult to match the material, workmanship, and effect with the Spring Festival Gala.

Some netizens leave messages on TV and see that the costumes of the Spring Festival Gala players are pretty good. The result is that they buy the seemingly identical ones from the Internet, but they are far from the effects of the actors.

Some sellers directly use the Spring Festival evening video clip or stars to display pictures, but the physical pictures of the clothes themselves are not posted on the webpage.

In addition, as the "Spring Festival Gala" has become a popular search term on shopping websites, as long as the scenes have appeared, almost all the smart shopkeepers have changed the label of the "Spring Festival Gala" at the first time. The red scarf worn by Lee Hom in the same electric guitar, Cheung Ming Men singing "my heart of China", the pparent crystal ball played by Hu Qizhi in the palm of the palm, and even the high and low eyebrow mask of Chen Kun have become a hot commodity for the time being. "Cheung Ming Men"

Some of the commodities that are not related to Spring Festival Gala are also marked by the key words of the "Spring Festival Gala" as a gimmick.

According to the paction records of some popular products, not only this year's CCTV Spring Festival Gala stars have already sold thousands of identical dresses, but even last year, the Spring Festival Gala last year, the products that had been popular in the Internet also took on this year's ride.

Imitation is a confusing account.

The hot sale of Spring Festival dress on Taobao has once again sounded the alarm for keen costumes.

I have to admit that in the industry, imitation has become the norm.

Moreover, there is no classic case to prevent imitations, and even the big international cards are at a loss.

H&M, Zara, TopShop...

The analysts of these brands occupy the gold position in the front row of the show. After two or three weeks, they will get the similar products of the major designers to the market. The price is surprisingly cheap compared with the big brands in the morning six months.

Such a phenomenon, ordinary consumers will not boycott naturally, and the imitation of big names in addition to endless complaints.

On the one hand, it is difficult to define whether these constitute infringement, so many similar products need to be reported one by one, but it is hard work. On the other hand, who knows where they have learned from them?

There has been an unsolved puzzle in fashion circles, that is, the design elements are constantly changing. Why do the most important designers always choose some identical ideas in the same season? The suggestion of the judges in the fashion reality show "Project Runway" is also allowed to answer as part of the answer: "a good fashion designer, besides having an extraordinary design talent, always pays attention to the trend of fashion is also an essential skill."

Visible in the field of fashion, learning from itself is part of the design.

The question is, to what extent can it be regarded as plagiarism? In recent years, the most brazen case of "borrowing" is Marni's move towards Prada.

The same as Italy brand, basically Miuccia Prada play in the show what tricks, next season's Marni will be fully collected.

Not long ago, Alexander Wang and its friends Balmin designer launched the hole shirt separately, which makes people wonder whether the two people share a brain.

Not to mention whether this is the deliberate intention of their plan, so rough creativity is a big joke with consumers.

When the clothing is plagiarized, similar products in the market will increase greatly. The similarities of styles, fabrics and workmanship will make consumers' consumption orientation more tend to price factors.

Plagiarism obtains the product's style by piracy and imitation. The cost of research and development is negligible, and the fabric and processing technology adopted by the plagiarism are much lower than the original brand products for faster and cheaper entry into the market.

If the enterprise adopts what kind of bidding strategy and promotion means, it will only drink poison to quench thirst and sink deeper and deeper.

Most of the discussions on whether or not they were "imitation" finally ended in a fad.

Everyone's attitude is nothing more than two kinds: first, it is an honour to be imitated; two, it is a normal imitation.

Because it is too difficult to define fashion design.

There are still 8 basic principles of imitation in music creation. The fashion industry has been in such a noisy state for so many years.

For example, the dispute between Carine Roitfeld, editor in chief of the French version of Vogue and Carine in 2010, is quite typical.

First, the former was pulled into the black list by the latter. The legend is that Carine borrowed a coat from Balenciaga and did not return it immediately afterwards. Shortly afterwards, Balenciaga found that a very similar design appeared in the clothing of her rival brand Max Mara. The engraving of Balenciaga in rage was delimitation of the French version Vogue and Carine Roitfeld herself.

No matter how the truth is, the embarrassment of both is obvious. Balenciaga, because of lack of evidence, can not accuse Carine and Max Mara of plagiarism. On the other hand, Carine can not put forward negative evidence to prove its innocence.

In fact, in any industry, creative talent is always a minority. Most people's work is carried out by plagiarizing other people's achievements.

This is especially true in the fashion industry. There is no need to make a fuss.

The most effective solution for brand designers to look for inspiration is to look back on the past, learn from the past, and turn the popular elements from the old books to the market.

The result is that fashion has fallen into a cycle of several years.

You don't need to go to the wholesale market of big cities, just open up tabloid tabloids, and all kinds of cottage gowns can hurt your eyes.

Liu Yifei's Shanzhai dress incident involves a large number of "involved women", and people are surprised to find that in addition to the frequent wholesale market of parallel imports of goods, China's entire clothing design industry can not get rid of the relationship with imitation.

Fan Qihui, who makes the cottage dress for Liu Yifei, is also a master of plate making. He acknowledges that many mainland stars are looking for his imitation dress with the show, but they do not admit that they are doing the same thing.

Raise the law, the sword of the Shang Dynasty.

Clothing industry practitioners generally believe that as long as the design of a trademark acceptable to consumers, supplemented by the right price strategy can achieve good economic results.

Other intellectual property rights, especially patents, are often ignored.

The main reason is that the plagiarism in the clothing industry is everywhere. Today a popular fashion style can be found in the vicinity of a few days, and the price may be even lower.

Plagiarism's plagiarism is also varied, some try to get brand picture album; others try to record the proportion while trying clothes; some even buy the new clothes after they buy them, then dismantle them and print them, then stitch them up and return them to the counter, and then imitate themselves.

In this way, a vicious circle is formed. The more patent awareness is, the easier it is to produce plagiarism. In addition, the phenomenon of plagiarism is more and more popular, which makes people feel that there is no need to apply for patents. This long-term bad development makes the industry generally feel that copying other people's clothing patterns is completely "normal".

The reasons for this phenomenon are manifold: first, the characteristics of the clothing industry determine that its intellectual property rights protection is "beset with difficulties".

In the same style, as long as the copy is slightly modified, such as changing a pattern or adding a little embroidery, it is very difficult for the authentic garment manufacturer to make a clear accusation because no patent protection is applied.

Secondly, there is a serious lack of awareness of intellectual property protection.

Take other people's things to use, do not think it is infringement, think buying others products themselves do, it is natural.

What is more, when imitating other people's products, they imitate the others' brand without fail.

Finally, the result of vicious competition.

The level of original design is directly related to the development level of garment industry.

Most of the domestic clothing enterprises, because they do not attach importance to the design of products, are generally low in the grade of clothing, and the brand is overflowing.

The surplus of production capacity caused by repeated investment over the years makes the technical content and added value of clothing production very low.

In order to survive and gain profits, these garment manufacturers can only compete on price.

To kill each other in order to compete in the market has indirectly led to the spread of "plagiarism".

At present, the problem of intellectual property rights in clothing industry is mainly about the design of textile patterns and the protection of color patterns.

The protection of style design and color pattern of textiles can be protected by patent law or by copyright law in accordance with the existing laws in China.

Among them, the protection of patent law is carried out through the application of textile design patent.

If a company has a patent right, it is equivalent to lifting the sword of the Shang Dynasty. Anyone who dares to imitate it can easily bring the infringer to justice.

Experts suggest that brand dealers need to strengthen their awareness of self-protection and enhance their awareness of the law.

First, we should establish the intellectual property management system.

Enterprises should set up specialized work organizations and provide full-time personnel to strengthen the protection of intellectual property rights of enterprises.

At the same time, enterprises should choose suitable intellectual property protection methods according to their product attributes, and be good at using intellectual property laws in their business activities to safeguard their legitimate rights and interests.

The second is to perfect the technical secret protection system of clothing from design, production to sale.

Clothing enterprises should perfect the protection system of technological secrets in the work of intellectual property protection, strengthen technical confidentiality for projects under research and projects that have not yet achieved results, and truly protect the technological secrets of enterprises.

Furthermore, we should strengthen the awareness of patent protection.

In the process of garment style development, fabric improvement and garment production, enterprises should apply for patents in time for new designs, raw materials and production methods that are novel, creative and practical, and meet the requirements of patent application, so that scientific research achievements can be protected by law.

Among them, we should pay special attention to apply some patents that are highly effective and easy to copy, and apply for patents as soon as possible for technologies that can not be immediately implemented in the highly competitive field of technology, so as to acquire the right to technology.

Innovation is the eternal driving force of social development, and innovation is an inexhaustible source of national prosperity.

Clothing is a work of art in textiles. It is an artistic creation that embodies the wisdom, inspiration and hard work of the creator.

The work done by creators to create more beautiful, more exquisite and more suitable clothing products for people's life needs to be properly protected by law.

Today, the road of China's clothing brand building is developing further and deepened. In this process, in addition to constantly strengthening our own clothing design and development capabilities, more importantly, we must attach importance to the protection of intellectual property rights, and use the patent law to give us the right weapons to defend our rights.

Embarrassment of brands

Despite the fact that the law has a protective effect on clothing patents, there are few brands that really use law to defend their rights, and brands have their embarrassments.

Due to the shorter period of application of clothing styles, the departments concerned have speeded up the examination and approval of design patents. In general, a design application can obtain the patent application number on the same day and obtain patent authorization within 6~8 months.

However, this appeal has not been warmly responded by the most protective clothing enterprises, and almost no patent application has been made.

This is because the legal profession is concerned with the perfection of the law and the protection of lawful business according to law. The clothing industry is more concerned about the development of the clothing industry, and is concerned that any law does not form an obstacle to the industry. At the same time, they also feel that the current patent application for clothing appearance is far from the characteristics of the clothing product itself.

On the issue of whether the clothing enterprises should apply for the patent for design, Li Zuta, lawyer of Intellectual Property Department of Huijin law firm in Shanghai, once said that the design patent is very important to the clothing enterprise. If it is effectively utilized, the design patent is a very important tool in creating the image of the enterprise in the consumer and improving the competitive position of the enterprise in the market.

The advantage is exclusive right: the design patent allows enterprises to monopolize the use of the patent within 10 years, and has the right to exclude others from copying and counterfeiting in any form that protects the appearance of the juice.

Strong market position: through these exclusivity, other people can be prevented from making commercial use of garments produced by their enterprises, thereby reducing competition and establishing an excellent image in the market.

Higher return on Investment: after investing a lot of money and time to develop new clothing products, enterprises can widely publicize and commercialize the product under the protection of patent exclusivity, so as to enable enterprises to get higher return on investment.

The opportunity to license or sell a patent: if you choose not to implement the design patent, you will sell or license it to another company to form a new source of revenue and enhance the bargaining power: the patent right can enhance the bargaining position and increase the possibility of getting the order.

The patent strategy of enterprises is to integrate the innovative products of enterprises into the patent protection system of the state, build their own patent repository, thus occupying the commanding heights of intellectual property, effectively prevent counterfeiting, imitation and other infringing acts, and always maintain the leading position in the market competition.

Bian Xiangyang, Professor of clothing College of Donghua University, also summed up the views of the clothing industry.

He believes that the design patent is not in line with the characteristics of clothing products and development. It is meaningful to put forward such a problem. It is of great significance to protect the rights of inventors for the formation of legal concepts in the industry.

But this is more about its significance in the legal sense, and there are still some problems in practical use.

First of all, the characteristics of the clothing decide that the patent of costume design is of no great significance.

For example, LEVI 'S cowboy, the design of its button is patented, but for many years, many products have similar or even the same style, nor have they seen LEVI' S who has filed a lawsuit.

Because this patent is too unique.

Second, there is no precedent.

So far, I haven't heard of any famous brand in foreign countries that has applied for patent.

It should be said that the history of clothing brands abroad is longer than ours, and the relevant intellectual property protection measures are also more comprehensive than ours. Why are they not protected by patents? It is because the judgment is difficult and the operation is not easy.

In foreign countries, more patents are made of fabrics because they are more technical and can be easily identified.

Third, modeling patents are not conducive to the development of the industry.

Clothing is a popular product, and its dissemination itself is a copy process, which is very different from the use of technical products.

Through continuous copying and continuous variation, new styles are formed.

Practically, no two garments are identical. Therefore, patents can not protect inventors.

For example, if your design is set in red, can I use green? If we must stop copying strictly, then many of our master's ideas will not come into our lives.

In a sense, the popular publication of the master is actually publishing a popular source code. Many details are designed for reference by our ordinary designers. If it is strictly forbidden to draw lessons from it, then the clothing industry is not a fashion industry, but a technology industry.