The Protection Dilemma and Institutional Reconstruction of Copyright in Fashion Design under the Fast Fashion Model

Abstract

The rapid replication and iteration model of the fast fashion industry poses severe challenges to the traditional copyright protection system, leading to situations where original designs may be copied before obtaining legal protection. Under the fast fashion model, copyright infringement in fashion design has become increasingly complex, with diverse forms of plagiarism and high litigation costs, severely impacting the survival and development of original brands, innovation in the apparel industry, and the dissemination of fashion culture. The current Copyright Law exhibits significant deficiencies in addressing the unique characteristics of fast fashion, including ambiguities in defining protected subject matter, vague originality standards, ineffective infringement determination rules, and lagging relief mechanisms. Therefore, it is necessary to reconstruct the copyright protection system by introducing independent subject matter status for fashion designs, adopting a tiered protection framework, incorporating the "design space theory," and improving dynamic relief mechanisms. These measures aim to establish a copyright protection system that aligns with the rapid development of the fashion industry.