Original link: https://www.williamlong.info/archives/6864.html
On July 15, a netizen posted a question about a skirt released by Dior suspected of plagiarizing a Chinese horse-faced skirt, and the topic of “Dior plagiarism” rushed to the top of the hot search. Some Hanfu lovers found that Dior’s new skirt, priced at 29,000 yuan, is very similar to the design of the traditional Chinese dress “horse skirt”. According to the introduction on Dior’s official website, “this skirt adopts the iconic Dior silhouette. , is a new elegant and fashionable piece.” Such a statement caused dissatisfaction among many netizens, who accused the brand of “plagiarism”, “cultural appropriation” and “cultural plagiarism”.
At present, Dior has not responded to the matter, but Dior China’s official website has been unable to search for this skirt. Dior’s official website overseas, this skirt is still on sale.
I don’t think Dior has any infringement issues at all under Chinese law. Intellectual property rights are territorial and temporal, and a right protected by the laws of a country only has legal effect within the scope of that country, and has a corresponding protection period.
The protection period of trademark rights in intellectual property rights is 10 years, and the protection period of copyright rights is 50 years after the author’s death, except for the author’s right of authorship, the right to modify, and the right to protect the integrity of the work. As long as the protection period expires, it will enter the public copyright domain and no longer belong to any person or organization.
1. Duration of intellectual property protection:
(1) The term of protection of trademark rights is 10 years;
(2) In addition to the author’s right to authorize, modify, and protect the integrity of the work, the term of protection is not limited, and the term of protection is fifty years after the death of the author.
2. Legal basis:
Article 39 of the Trademark Law of the People’s Republic of China is valid for ten years from the date of approval of registration.
The owner of a registered trademark can apply to the Administration for Industry and Commerce for renewal of the validity period of the registered trademark within 12 months before the expiration date. If the registered trademark owner fails to apply for renewal within this period, he still enjoys a grace period of 6 months. During this period, the owner can also renew the validity period of the trademark.
Article 22 of the Copyright Law of the People’s Republic of China shall not limit the term of protection of the author’s right of authorship, right of modification, and right to protect the integrity of the work.
Article 23 For works of natural persons, the term of protection for the right of publication and the rights specified in Items 5 to 17 of Article 10, paragraph 1 of this Law shall be the life of the author and fifty years after his death, ending at the death of the author December 31 of the last fiftieth year; in the case of a collaborative work, by December 31 of the fiftieth year of the death of the last deceased author.
For the works of legal persons or unincorporated organizations, and the copyrights (except the right of authorship) are enjoyed by the legal persons or unincorporated organizations, the protection period of the right of publication is fifty years, ending on December 12 of the fiftieth year after the creation of the work. December 31; the term of protection of the rights specified in Article 10, paragraph 1, items 5 to 17 of this law is 50 years, ending on December 31 of the fiftieth year after the work was first published, but the work has been If the creation is not published within 50 years after the completion of the creation, this Law will no longer protect it.
For audiovisual works, the term of protection of the right of publication is fifty years, ending on December 31 of the fiftieth year after the creation of the work; the rights provided for in items 5 to 17 of Article 10, paragraph 1 of this Law The term of protection is 50 years, ending on December 31 of the 50th year after the work was first published. However, if the work has not been published within 50 years after the creation is completed, this law will no longer protect it.
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