Current Status of Fashion Design Protection
Currently, fashion may only be protected by copyright to the extent that its shape is non-utilitarian enough to qualify as a creative "sculpture," or to the extent that a design, pattern, or image on the clothing qualifies as "pictorial" or "graphic." While current laws against counterfeit goods do provide some protection for designers, this is so only when the trademark is used and not when merely the design is copied under a different label. In addition, fashion may be protected by design patents if the requirements for patentability are met. To be patentable an ornamental design must be new, original and non-obvious. The United States Patent and Trademark Office website (www.uspto.gov) has a searchable database of patents, and includes patents on apparel in class D2, carrying articles in class D3, and eyeglass frames in class D16. Technological advances to the means of textile and garment production, as well as increases in the number of distribution channels and the availability of cheap labor in emerging economies have enabled those who would copy these designs to do so quickly and inexpensively. Legislation targeting design piracy has already been enacted in Europe, India, and Japan.
Read more about this topic: Design Piracy Prohibition Act
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