Definition of clothing copyright infringement

Determine whether the patented product of design and the infringing product belong to the same or similar goods. In judicial practice, the identification method is usually based on the function and use of the product, and at the same time refers to the classification of goods in the International Classification of Designs (namely the Locarno Treaty). Where a patented product of design has the same function and use as the product accused of infringement, it can be identified as the same or similar commodity.

1. What rights does copyright include?

1, first of all, personal rights, also called moral rights, mainly refer to the right of publication, the right of signature, the right of modification and the right to protect the integrity of works;

2. The second kind of property right, also known as economic right, mainly refers to the right to use a work by editing, performing, playing, exhibiting, recording records, making movies and television, etc., so as to authorize others to use the work and obtain economic benefits.

Second, how to avoid infringement when releasing products

1. First, refer to the brand reference list under the AliExpress rule area. If it is not listed, you can check the national trademark network to determine whether the brand of the goods constitutes infringement. If you are not sure, it should be noted that all products, shops and other information (including words and pictures) published online cannot use other people's brand names or derivative products;

2. Second, product pictures cannot contain other people's brand names or derivative products, logos or similar logos;

3. Third, don't publish representative patterns, shading or products that imitate other people's brand styles.

Third, digital copyright protection technology.

1, encryption technology,

2. Digital watermarking technology,

3. Permission Description Language.

Legal basis:

patent law of the people's republic of china

Article 11 After the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import the patented product for production and business purposes, nor may it use the patented method and use, promise to sell, sell or import the product directly obtained according to the patented method.