Patterns of fabrics also have copyrights

April 19, 2023

Summary:

Ordinary people do not necessarily know that fabric patterns also have copyright, but as a professional clothing company, this should be common knowledge. On April 24th, the Wujiang District People’s Court of Suzhou City concluded a case of infringement disputes caused by the copyright of the fabric pattern. The mediation parties reached a settlement.

The plaintiff is a knitting company located in the Economic Development Zone. It mainly produces textile fabrics and garments. The defendant was a well-known clothing company in Hangzhou, Zhejiang, and a commerce company in Shanghai. The plaintiff sued and demanded that the defendant immediately stop the infringement of the plaintiff's copyright and compensate the plaintiff for economic losses and reasonable expenses of 200,000 yuan. The reason for the prosecution was that the defendant's production and distribution of fabrics used by women's dresses violated the plaintiff's copyright. The plaintiff was the copyright holder of the fabric's fine art works. The Jiangsu Provincial Copyright Administration issued a work registration certificate to the plaintiff.

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The plaintiff believes that these flowers do not exist in the natural world, but are formed by the plain abstract designer's comprehensive and objective flower abstract art processing. The layout of these flowers and the composition of the flowers are the core content of the copyright, giving a simple and generous aesthetic feeling. . Compared with the defendant’s infringing products, the single flowers of the flower and the flower center inside the flower are similar, and the arrangement of the overall flowers is also roughly the same. Although the position and interval of each flower are slightly different from the registration certificate, this is exactly the infringement. The pattern of the dress was altered or could not be completely duplicated by the plaintiff’s design.

The defendant clothing company considered that the fabric was purchased from a fabric supplier and requested additional fabric suppliers as defendants. During the trial, the defendant apparel company acknowledged that only the quality and fashion of the fabrics were reviewed when fabrics were purchased, and there was no review of the copyright of the fabrics. However, the defendant provided the fabric purchase contract at that time. The purchase contract stipulated that all responsibilities should be borne by the fabric supplier if the design, graphics, and processes involved intellectual property disputes. Finally, after mediation by the court, the defendant compensated the plaintiff with an economic loss of 60,000 yuan. The dispute with the fabric supplier was resolved separately.

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The judge reminded the public that manufacturers of apparel fabrics can apply for copyright registration from the Copyright Office for independently designed fabric patterns, and can become favorable evidence in the event of a dispute. Apparel processing companies must not only review the quality of goods when purchasing fabrics, but also review their intellectual property rights, and whether or not the designers design them independently and whether they have copyright registration certificates. When signing a contract, it is possible to make an agreement on the division of responsibilities that have led to disputes over intellectual property rights, which will facilitate the resolution of disputes. Of course, not only the textile and apparel industry needs to comply with the relevant provisions of the Copyright Law, but also examine the legality of intellectual property rights in other transactions that may involve the copyright of others, and divide the responsibility for disputes that may be caused by intellectual property rights in the contract. Prevent problems before they occur.

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