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Accidental Family
Preamble
It seems that many "original"designs
have usually been credited as the best in the
world of copyright while any derivatives were
merely regarded as a synonym of "copy",
"clone", "infringement"or
"counterfeit"under the guidelines of
law, morals and aesthetics. But could we, just
for a moment, put away the confrontation between
the "original"and its "fakes"and
treat their relationship as "parents and
children" from the perspective of knowledge
development and improvement. Should there be more
in-depth thinking about designs evolve and are
remade through mimicking in terms or design culture
development? In the present world of market economies,
how can we distinguish between "original"and
"derivate"designs, especially when we
consider them as a kind of knowledge and experience
objectification?
1.
This cylindrical dispenser for tissue is printed
with a very popular brand. People will ask themselves
if it really is by such brand then further
query its authenticity. The market is getting
more and more confusing when every big name is
diversifying its product lines and launching various
accessory items in order to maximize its market
segmentations and market share. Provided the tissue
dispenser is a fake, it does deserve our applause
by boldly doing something exotic. However, this
example has fully exemplified the burring of originals
and their derivatives.
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2.
The pseudo-Lego People's Liberation Army toy set
and table lamp, the beaded handbag embroidered with
the Nissin Noodle graphics, and the South Park webcam,
just to name a few examples, illustrate the surprising
fusion of a brand and a surprising product (or vice
versa). These kinds of grafting design have expanded
the market landscape of "original" products
and very often have induced or accelerated the localization
of the brand, as in the example of the pseudo-Lego
army toy set. We also learn that there are local
designers trying to modify top fashion labels to
fit Asian figures can we regard this as another
kind of design knowledge evolution? What we want
to say is that even in a copy or a counterfeit,
there is still "design" which may lead
us to new horizons. While we mock these derivatives
as infringements, we also need to observe and understand
the relationship between the products themselves
and our daily life from a cultural perspective. |
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3.
If you agree that "imitation"is the highest
form of flattery, then you will find "appropriation"in
the fine arts and design. A more trendy way is to
call it "crossover", be it legal or not.
The most legitimate way is a co-operation between
two big brand names. The market itself tends to
favour brand "fusion" for example,
a Rolex watch with a bracelet by Swatch, or a Hello
Kitty handbag in a Louis Vutton style. Another crossover
is the Che Guevara successfully blended the portrait
of this famous Cuban revolutionary with a waist
bag product. But what can we say when a classic
or upmarket brand wants to become practical and
fun? After all, this is post modernity, isnt
it? |
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4.
The appearance of different kinds of copy and counterfeit
has also created a certain amount of stereotyping
in our daily life. Previously, Tempo pocket tissue
was simply pocket tissue. But when the name Tempo,
together with its signature gradation blue packaging
became a classic symbol of pocket tissue, so numerous
clone products appeared bearing a 90% similarity
in both name and packaging. This strategy has been
extended to many "no frill" products initialed
by the supermarket chain stores, which usually "re-appear"
the lock of certain leading brands to mimic its
competitors. |
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5.
It has been said that the Church
wouldnt have spread so far if the Gospels
had been copyrighted. Be it true or not, knowledge
should be shared under a common sky. When designers
turn common know-how into a specific, patented
design we come face-to-face with a dilemma
who actually owns the "original" design?
To name a true example, imagine what would happen
if the patent application for "Yangzhou fried-rice"
was approved? Is this two-bladed sword of patent
and copyright killing or protecting the freedom
of creativity and the spread of knowledge?
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6.
If we put intellectual property rights before
everything, this only will hinder the progress
of knowledge for it goes hand-in-hand with our
daily life, so it must evolve and develop based
on our experience and our accumulated know how.
While we stress the importance of intellectual
property rights, we also want to keep the sky
of knowledge open.
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