패션산업의 대체적 분쟁해결제도 적합성* - 패션산업의 중재 제도 도입을 중심으로 -

• 영문명: Suitability of Alternative Dispute Resolution for the Fashion Industry - Focused on Arbitration for the Fashion Industry -
• 발행기관: 한국중재학회
• 저자명: 이재경(Jae-kyoung Lee)
• 간행물 정보: 『중재연구』 제25권 제1호, 87~105쪽, 전체 19쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2015.03.30

영문 초록

Intellectual property law is slowly fighting to keep pace with the rapid growth of the fashion industry. Copyright and patent law have proven only minimally effective in fashion, even in the US and other top fashion nations, forcing designers and fashion companies to rely on their trademarks to protect their work. Litigating trademark disputes in the fashion industry presents a host of problems as witnessed in a recent Christian Louboutin case, leading the parties to resort to Alternative Dispute Resolution(ADR) and Online Dispute Resolution(ODR). ADR methods, especially arbitration, are increasingly emerging as substitutes to litigation. Using these methods, the fashion industry (CFDA in the US case) should sincerely consider a self-regulating program in which its members, both fashion designers and corporations alike, can resolve disputes in a manner mutually beneficial to all parties in order to preserve the industry s growth, solidarity, and esteem In particular, for the US fashion industry, the ongoing Innovative Design Protection and Privacy Prevention ActIDPPPA) anti-counterfeit legislation could have caused a chilling effect against innovation. New designers with no name and less resources who could normally flourish producing inspired-by designs may find themselves subject to copyright infringement legislation since the IDPPPA may expand the protection of established designers and brands with more resources. This fear and its implication could be solved by the fashion industry itself since fashion experts know best how to handle these fast-paced issues arising in the field. Therefore, stakeholders in the fashion industry should commit to protecting innovation withinfashion on a long-term basis by establishing a panel handling an ADR process. Thiscan mitigate the uncertainty created by the IDPPPA or any other legislation from elsewhere, which could result in a shying away from experimentation with inspired-by designs.

목차

Ⅰ. 서론

Ⅱ. 패션산업의 분쟁 형태 및 쟁점

Ⅲ. 패션산업의 대체적 분쟁해결(ADR) 적합성 - 중재 적합성을 위주로

Ⅳ. 패션산업의 대체적 분쟁해결 도입을 위한 관련 제도

Ⅴ. 결론

키워드

Fashion Industry ADR ODR Counterfeit Trademark Arbitration Innovative Design Protection and Piracy Prevention Act(IDPPPA)