Dior'S New Product Is Suspected Of Plagiarizing Horse Face Skirt. Only By Strengthening Cultural Self-Confidence Can It Be "Marked With Source"

In recent years, with the further promotion of the creative transformation and innovative development of Chinese excellent traditional culture, China's textile intangible cultural heritage work has developed rapidly, and the textile intangible cultural heritage products are more and more concerned and loved by the consumer market. But at the same time, the inheritance and protection of textile intangible cultural heritage is also facing unprecedented challenges.

Recently, Dior's mid length skirt, priced at 29000 yuan, is cut with overlapping front and back pieces, which is similar to the version of traditional Chinese horse face skirt. However, its official introduction said, "the iconic Dior silhouette" was adopted, which immediately aroused netizens' discussion, and related topics also rushed to the hot search list.

Visual similarity is difficult to judge plagiarism

Looking at the website of Dior, you can see in the product description of the clothes involved that this skirt adopts the iconic Dior silhouette, which is a brand new elegant and fashionable piece. But netizens don't seem to buy it, because the so-called Dior silhouette is very similar to that of the horse faced dress in Chinese clothes, and there are many similarities in details.

As we all know, China's clothing has a characteristic: from the practical, both practical and beautiful. There is little or no use in the design of pure structure, because it has a lot of functions. The horse face skirt is very typical.

Since the Song Dynasty, one of the requirements of Chinese women's aesthetic appearance is slim, slender and graceful. A slim horse face skirt is a good design. The front and back 4 pieces overlap, forming two smooth surfaces, which is more convenient for sitting and lying. When you sit down, sit on a smooth surface so that you don't get too big wrinkles, but it's easy to walk by putting the folds on both sides.

Open it during the activity, and the skirt will converge after standing. When riding, it will not hinder the pedaling and the trousers inside will not be exposed. This ingenious design combines the use function and aesthetic beauty.

It is a fixed structure - two piece, four skirt doors, four skirt doors in two, the side pleated, the middle skirt door overlapped, the smooth surface is "horse face". In the controversial Dior dress, we can see the obvious two-piece, pleated design.

In the first general book of Hanfu published in October 2021, the general theory of Hanfu wrote that horse faced skirt was once the most basic style of women's skirt in Ming Dynasty. It absorbed the design inspiration of "revolving skirt" in Song Dynasty, and changed the way of cloth linking from "one piece" to two pieces with overlap before and after, so as to make it easier for the wearer to move, The "smooth finish" on the front and back of the skirt is suitable for displaying exquisite craftsmanship. A number of cultural and Museum institutions have collected chic Ming and Qing horse face skirts, such as the white dark Flower Embroidered Flower and bird pattern skirt of Shandong Museum, the blue twined branch Four Seasons flower brocade skirt, and the green ground flower yarn Python skirt. Due to the fact that there are more Han Dynasty costumes in the Ming Dynasty, the merchants have reproduced many elegant skirts. Han Ke Silk Road launched the Ming Dynasty costume imitation Kong Fu make-up, brocade, brocade, blue satin skirt and horse face skirt. The prototype comes from the old collection of Confucius, and the price is close to 3000 yuan. Another Ming Huatang, which is famous for its Ming style, has also launched more than ten styles, including lion play ball, crane with lotus and lotus, secretly weaving gold gauze skirt and so on, with the price of 2000 yuan or 3000 yuan. At present, the construction period has been arranged beyond October.

As a matter of fact, clothing, as a practical product, is difficult to protect by copyright. The visual similarity of the two clothing does not mean that it can be judged as plagiarism within the existing legal framework, which is why there are so many "porters" in the fashion industry. Although Dior does not constitute plagiarism in law, netizens believe that the more serious problem lies in its "culture".

Cheng Weixiong, an independent analyst in the shoe and clothing industry, said that since the horse face skirt has not applied for a graphic patent, it is not an obvious symbol of mainstream fashion culture. If the brand or the owner does not apply for intellectual property protection, this cultural element can only be referred to as "plagiarism". Generally speaking, plagiarism and imitation refer to that the styles and even the accessories are basically consistent.

In other words, although there is no doubt that the horse face skirt is a traditional Chinese dress, it has not been applied for relevant rights. From the perspective of modern law, there are no regulations to protect it, and foreign culture can not be avoided. Similarly, we can also learn from the excellent traditional culture of foreign countries for our own use.

Of course, many netizens worry that once Dior applies for the copyright of the so-called "classic Dior silhouette design", will it be deemed as infringement if we use the horse face skirt style clothing in the future? "Morality is morality, and law is law." If the design meets the requirements of the copyright protection of Shandong jianao law firm, it can apply for the patent as long as it meets the requirements of copyright protection. "We can't stop the legal process because of this moral condemnation."

If Dior really gets the patent, we can still make it invalid through relevant proof. "Intellectual property rights that have already obtained patent rights and trademark rights may be invalid through certain procedures. The invalid patent rights or trademark rights shall be regarded as non-existent in law." It is mentioned in the State Council of the people's Republic of China.

Building cultural confidence

Can you define your own fashion and export it out

In this regard, Chen Shiyu, who has long studied the restoration of ancient costumes, participated in and organized a number of costume restoration and Museum exhibition planning, and served as the clothing director of national treasure, qingpingle and other programs and film and television works. In an interview with the media, Chen Shiyu said that today, from the general public to practitioners, they think that the elements of Chinese traditional clothing are the soil and need to be improved The idea that the western is modern is foreign style and high-level is deeply rooted.

He believes that the so-called Chinese style before was mostly the use of elements. People have forgotten the most fundamental things and don't know what the structural characteristics of Chinese clothing are.

"What's the absolute standard of beauty? It's just who has the right to speak, and whose hand is the standard for defining beauty. Now fashion is defined in the hands of these big brands. What he said is beautiful is beautiful. In fact, Chinese historical clothing is a huge treasure house. Why don't we make good use of it ourselves?"

In fact, after more than ten years of development, some styles of Hanfu have been eliminated. For example, the quqin skirt of the Han Dynasty, which was very popular when Hanfu activities just started a decade ago. The living habit of high foot furniture was formed after the Song Dynasty. Before the Han Dynasty, people lived in the seats, and there were mats in the rooms, so we could move indoors in long gowns. But modern people sit on stools and have to squeeze into the subway or take a bus. It's impossible to get on the train. If you can't get on the train, you will be caught in the door when you enter the subway.

Twenty years ago, there was very little understanding of traditional Chinese elements of clothing. Today, most people know about the traditional clothing styles, which may not have been known at that time. Through the excavation, reappearance and discussion, including some disputes and even the elimination of some varieties, we gradually formed some consensus.

Hanfu has been paid attention to for more than ten years now, and it has not entered the mainstream field of vision for a few years. In terms of talent training, it takes four years for an undergraduate. Now, whether it is the clothing industry or clothing colleges, in the production of version teaching is completely western system, or even completely do not teach Chinese version. The vast majority of Chinese designers can't do the restoration of traditional clothing, because the professional accumulation required for restoration is very high, which may not have been achieved by the academia, let alone the transformation of designers. However, as long as designers are willing to understand, change their concepts, and accumulate some time, good aesthetics and design education can be achieved in the future.

Therefore, Chen Shiyu called for confidence and perception of our traditional clothing culture. "Only when we have established cultural self-confidence and can define our own fashion output, can we not be taken away casually like today."

The following steps should be taken to establish the right of discourse

First of all, it is necessary to sort out the whole culture of the country, so as to have a more intuitive and comprehensive understanding of how it was done in history, what kind of source and how it evolved.

The second is interpretation. Let everyone know and feel the beauty, logic and philosophy contained in it. This requires a large number of scholars, fans, including film and television drama and other mass media to spread.

Thirdly, with these good foundations and basic recognition, including the improvement of national strength and the establishment of certain cultural confidence, we can define Chinese fashion by ourselves and export it to the outside world instead of being taken away by them as we do today.

Some information sources: semi mature finance and economics, morning news

Author: Xu Changjie