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Industrial property in fashion design


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Copying in the fashion industry

Copying in the fashion industry

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  • Such American designers copying designs of Parisian houses
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    • 1. INNOVATION AND INTELLECTUAL PROPERTY IN FASHION DESIGN *Kal Raustiala and Christopher Sprigman Aziza Al-Mahrooqi
    • 2. Fashion Industry Basics ‚Types of fashion‛ .. * Haute couture Created for a specific client. A couture garment is made to order for an individual customer, and is usually made from high-quality, expensive fabric, sewn with extreme attention to detail and finish, often using time-consuming, hand-executed techniques. Look and fit take priority over the cost of materials and the time it takes to make. * Ready-to-wear.. Ready-to-wear clothes are a cross between haute couture and mass market. They are not made for individual customers, but great care is taken in the choice and cut of the fabric. Clothes are made in small quantities to guarantee exclusivity, so they are rather expensive. Collections are usually presented by fashion houses each season during a period known as Fashion Week. This takes place on a city-wide basis and occurs twice a year. The main seasons of Fashion Week include, spring/summer, fall/winter.
    • 3. Fashion Industry Basics ‚Types of fashion‛ .. * Mass market.. Currently the fashion industry relies more on mass market sales. The mass market caters for a wide range of customers, producing ready-to-wear garments using trends set by the famous names in fashion. They often wait around a season to make sure a style is going to catch on before producing their own versions of the original look. In order to save money and time, they use cheaper fabrics and simpler production techniques which can easily be done by machine. The end product can therefore be sold much more cheaply.
    • 4. Fashion Industry Basics * ‚A designer categories of products‛ .. “Better” fashion (e.g., Anne Klein, Banana Republic, Ann Taylor) More fashion content; faster design change “High” fashion (e.g., Armani, D&G, Calvin Klein) Less fashion content; slower design change Least fashion content; slowest design change Basic and commodity apparel (e.g., Old Navy, Wal-Mart, Target) price
    • 5. Copying in The Fashion Industry * ‚Style Piracy – A fashion problem‛ .. Wholesalers and retailers were barred from the populist shows unless clearly invited and had to follow certain rules: 1- a set date of shows. 2- signed a ‘declaration of cooperation’. * ‚International practice of design copying‛ .. Such as most respectable ‚houses‛ over the world are quick in the market with their copies (not all made from a purchased original)
    • 6. Copying in The Fashion Industry * ‚A distinction between design copying and trademark counterfeiting‛ .. e.g., H&M dress using Prada design Design Piracy e.g., counterfeit “Chanel” sunglasses using Chanel mark, but not design Trademark counterfeiting
    • 7. Design Patent * ‚Patent protection for novel fashion design is available ‛ ..for 1- New, original, ornamental. 2- 14 years terms of protection. * ‚The design patent provision fails to shelter fashion design for two principal reasons.. 1- doctrinal. Unlike copyright.. 2- the process of preparing a patent application…
    • 8. Examples of Fashion Design Copying •‚H & M and Zara‛ * we see widespread fashion design copying, often by the same firms offering similar clothing in both the E.U. and U.S. markets. Indeed, two of the major fashion copyists—H&M and Zara—are European firms that expanded to North America only after substantial success at home. which offers cheap facsimiles(copies) of expensive ready-to-wear clothing in over 1000 stores, including in the United States. But copying is not limited to large retailers(sellers) aping elite designers. (Michael Kors shoe) (Morgan shoe)
    • 9. Copying typically occurs in the same season or year that the original garment appears, but the arc of the ‚driving shoe‛ illustrates that fashion design copying can sometimes occur with a delay such as: In 1978, the J.P. Tod firm marketed a shoe called the ‚Gommino‛ a leather moccasin with a sole made of rubber ‚pebbles.‛
    • 10. The ‚Gommino‛ found a niche audience in the early 1980s. That changed, however, in the mid 2000s, when dozens of shoe designers began marketing their own versions. A few examples of the derivative(quasi-copying) driving shoes.
    • 11. Anti-piracy •Networks against online file trading peer-topeer like ‚Grokster ‚ : •(‚RIAA‛) the Recording Industry Association of America •(‚MPAA‛) Motion Picture Association of America •(‚CFDA‛) the Council of Fashion Designers of America, which has participated in the drafting of a law ‛H.R. 5055‛ that would extend some content protection to fashion designs.
    • 12. A low-IP regime ‚We let others copy us. And when they do, we drop it‛ - Miucci Prada* Such when trademarks only appear prominently on the outside of clothing. More often, they are not visible unless one looks inside an item of clothing. Where there is a visible mark, it blunts some of the effects of copying on the diffusion of innovative designs. And if the trademark is not visible to others, rendering the original and the copy strikingly similar. * Many ‚copies‛ are reproductions but instead new garments that appropriate design elements from the original and recast them in a derivative work. And this regime is exactly the conflicting of the default rule under the copyright laws, which allocate to the originator the exclusive right to make or authorize derivative works.
    • 13. A low-IP regime ‚Should the fashion design protecting under IP law??‛ * The absence of protection for creative designs and the regime of free design appropriation speeds diffusion and induces more rapid obsolescence of fashion designs. * protects fashion designs from copying. Yet, we do not see evidence, in either the form of lawsuits or the absence of design copying, that the behaviour of fashion industry firms changes much from one side of the Atlantic to the other.
    • 14. A low-IP regime ‚Should the fashion design protecting under IP law??‛ * Some laws (U.K) consider the protection via registered as industrial designs -a category that includes apparel designsand to put in place design protection laws that follow standards set out in the Directive. Those standards include the following:. • For protection to apply, a fashion design must be registered. • The owner of a registered design gains exclusive rights to that design. ‚What about the protection for unregistered • Protection extends to the ‚lines, contours, colours, shape, designs??‛ texture and/or materials‛ of the registered design. • A design registered is valid for a total of 25 years.
    • 15. A low-IP regime ‚three plausible alternatives of fashion’s low-IP regime?‛ 1- that copyright law’s useful articles doctrine prevents expansion of copyright to cover fashion designs. 2- that the fashion industry is unable to organize itself to pursue changes in the law. 3- that first-mover advantages in the industry explain the industry’s relative tolerance of copying.
    • 16. Self-copying * to prevent appropriation of their original designs by other firms. If self-appropriation through bridge lines were an optimal strategy for a large number of fashion firms, many wellknown design houses have a second line that is lower priced, such as Armani’s or Dolce & Gabbana’s ‚D & G.‛, by using cheaper materials and lower prices.
    • 17. IP fashion design case In 1994, Yves Saint Laurent(‚YSL‛) famously sued Ralph Lauren in a French commercial court for copying of an YSL dress design. YSL’s successful suit took place in Europe, where IP laws are more protective of fashion designs. The YSLLauren lawsuit is in many ways the exception that proves the rule that fashion designs are ‚free as the air to common use.‛ defendant v plaintiff
    • 18. conclusion * Despite this lack of protection of fashion design, the fashion industry continues to create new designs on a regular basis. The lack of copyright protection for fashion designs has not deterred investment in the industry. Nor has it reduced innovation in designs. * The protection for fashion designs not destroyed the incentive to innovate in apparel, it may have actually promoted it. This claim—that piracy is beneficial for fashion designers. * But copies that destroy the incentive to innovate and deter the investment that innovation demands, but in some times copying helps create and accelerate trends.