New Bill May Give Designers Greater Protection Against Knock-Offs

From Chelsea Clinton's wedding dress to Christian Louboutin heels, it's not uncommon to see glaring imitations of even fashion designer's most iconic creations days. It practically goes without saying that the terms surrounding copyrights in the industry have long been frustratingly hazy for designers, leaving them with little protection against knock-offs. A new bill proposed by Senator Charles Schumer yesterday, however, looks to offer greater rights for both designers as well as manufacturers.

Cathy Horyn reports in  the New York Times, that the Innovative Design Protection and Piracy Prevention Act, expected to be passed this fall, will give intellectual property protection to the "most original design," including clothing and accessories such as handbags and sunglasses, for a three-year period from when it is first seen in public (for example, a runway show). Although the law will place the onus entirely on the designer to prove that his or her design is in fact original by way of a "unique, distinguishable, non-trivial and non-utilitarian variation over prior designs," the bill's very existence makes a strong statement about the growing awareness of knock-offs and the need to protect original designs on a governmental level.

The bill also marks a major step forward within the industry because it has the support of both the Council of Fashion Designers of America (CFDA) and the American Apparel & Footwear Association (AAFA). While the CFDA represents the creative aspect of fashion, the AAFA comprises the makers and suppliers, which accounts for as much as 75 percent of the industry's commerce.

Whether it's a flat out knock-off or merely inspiration borrowed from an original design, the legal repercussions for imitations are are still somewhat unclear. If the bill becomes a law, how it will play out is yet to be seen, however the implications are widespread. Not only will it force designers to think more creatively, but this public condemnation for obvious knock-offs may also compel shoppers to think twice about buying obvious lookalikes.  

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