Legal Protectability of Clothes Design in Literary and Artistic Law of Iran and America

Document Type : Academicm and Research

Author

Associate Professor, Department of Islamic Jurisprudence and Principles of Islamic Law, Ferdowsi University of Mashhad, Mashhad, Iran.

10.22091/csiw.2024.10223.2484

Abstract

Clothes designing is highly considered as one of the most crucial components of the clotheproduction, marketing and sales process which might be relevant to the shape or its patterns. If these designs meet the conditions stipulated in the laws, they will enjoy literary and artistic property rights. While in American law, the conditions of protecting legally refer to originality and fixation in a tangible medium. Simultaneously, in America, granting copyright to clothes designs, even assuming that the conditions of protection being fulfilled, encounters the important obstacle as its applicability. In Iran 's law, according to the Law on the Protection of Authors' and Composers' Artists' Rights, clothes design might be protected if they are original and expressed. Referring the Law on Regulating Fashion and Clothes, taking into account the necessity of adhering to the original values of the society and maintaining veil and Public Chastity, has foreseen the condition of adapting Iranian-Islamic symbols for the copyrightability of clothes designs. The results of this article, has been vividly depicted with a descriptive-analytical method, the Iranian legislator has preferred maintaining public order and good morals over protecting the rights of creators of clothes designs, considered a worthy action.

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References

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