Abstract
In today’s world where the process of development and the industry is evolving more rapidly than expected, the legal notions are going forward on their compliance in line with these developments. The increasing development of intellectual property rights and their samples is an example of this change. One of the most important issues and instances of this tendency in legal rights is associated with fashion productions and creations. France, as one of the greatest leading country in fashion industry since long time ago, has legally protected the dress and beautiful creations in the intellectual property rules and in the different time periods, under the various titles, including the drawings and models rights, industrial property rights, literary and artistic property rights. French jurisprudence has broadly interpreted the concept of the fashion industry and consequently, the dress and beauty creations that have evolved not only the goods, but all parties involved in the production of the fashion industry. In Iranian law also, although there is no progress in this field compared to French law, with an optimistic interpretation of the rules of its intellectual property, it can be associated with Droit d'-auteur rules in addition to the industrial property rights under different titles such as design and drawings, Applied artwork, folklore etc.
Highlights
Following two previous subjects, the samples of literary and artistic property rights related to fashion and the conditions of protecting relevant products to fashion industry will be investigated
3.1 Relevant Samples to Fashion in Literary and Artistic Property Rights In France, the rights related to Droit d'-auteur, which have been predicted in the first book of France intellectual property law approved in 1992, in addition to specific items, the list of works that can be protected as executive arts and relevant products to fashion, has gotten non-restrictive aspects
The components of this article is equivalent with the content which has been stated in article 1 of the protecting the rights of authors, artists law as well as article 6 of the comprehensive bill on the protection of literary and artistic property rights in this field (Imami, 2007)
Summary
One of the issues, which has been brought into legal literature of the countries along with the growth of industry and parallel to it, the progress of intellectual property rights, is the subject of fashion and the creations and dress and aesthetic products as well as schemes and models, as the instances of fashion industry. The other one is that to what extent literary and artistic property rights enjoy legal capacity towards protecting these works and under what circumstances the related creations to fashion can be protected if protecting these works is provable in artistic and literary property system In order to this and to response the mentioned questions, conceptual framework of fashion has been firstly investigated and following that, possibility or impossibility of protecting associated products to fashion in artistic and literary property has been explained through stating the protectable examples and the conditions of protecting them by each one of two mentioned systems and in the end, a conclusion of what has been said is proposed
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