Intellectual Property

The main benefit of registering a design is to deter others from copying the design, and to fight unscrupulous competitors or even infringers from copying the design of the protected article.

A report issued by the EU’s Office for Harmonization in the Internal Market found that approximately 10% of fashion products sold are counterfeits, amounting to approximately $28.5 billion of lost revenues per year.

Proponents of the law, including major fashion houses, claim it would provide more protection for fashion designers by closing existing gaps in U.S. copyright law.

Fashion law is a legal field encompassing issues that arise throughout the life of an article of clothing or a fashion accessory.

Versace's medusa motif, the Vera Wang wedding dress, Dr. Martens boots - all these are products of applied intellectual creativity and skill in the fashion industry.

On September 20, 2012, the Senate Committee on the Judiciary voted for the Innovative Design Protection Act of 2012 (a.k.a. the "Fashion Bill") to proceed to the Senate floor without amendment, and on December 20, the bill was placed on the Senate legislative calendar.

Modern technology has made it increasingly difficult for designers to outrun copyists and achieve a sustainable return on creative investments. By Susan Scafidi and Narciso Rodriguez.

LONDON, United Kingdom - When reports first surfaced in March about the striking similarities between Proenza Schouler's PS1 bag and Target's Mossimo Messenger, the discomfort within the fashion industry was palpable.

Emerging fashion designers often approach me with the question: ''How do I keep people from stealing my ideas?'' The answer to that question rests in the umbrella of intellectual property (IP) law. IP rights are essential to protect any designer's business. While there are more legal concerns for fashion-related businesses besides IP, the value of fashion rests largely on the allure of a brand, which is protected in part by IP law.

Bird and Bird's Fashion and Luxury Goods group recently attended the Textile Forum in London to help raise awareness of IP issues.

Imitation may be the sincerest form of flattery, but fashion designers understandably are dismayed when perfect replicas of their creative apparel are sold at deep discounts to lower-end markets soon after the originals first.

The Design Piracy Prohibition Act, H.R. 2033, S. 1957, and H.R. 2196, were bills of the same name introduced in the United States Congress that would have amended Title 17 of the United States Code to provide sui generis protection to fashion designs for a period of three years.