Managing Intellectual Property

Proposed bill would protect US fashion designs

06 September 2010

Eileen McDermott, New York

A bill introduced last month could change the way clothing designs are protected in the US

Senator Charles Schumer of New York introduced the Innovative Design Protection and Piracy Prevention Act with the aim of extending copyright protection to fashion designs.

Since clothing is considered "useful" under US copyright law, it has not been traditionally protected. The Copyright Act defines a useful article as one "having an intrinsic utilitarian function".

The Act would extend protection only to "truly unique fashion designs". According to a statement by Schumer, this means that the design must be an...



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