6. … and so do the concepts of IP-Rights
Creativity as an integral
human attribute
vs.
Maximization of
creative production
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7. Outside of Europe fashion designs are
mostly not protected by law
E.g. in the U.S. there
are no realistic means
of protecting a fashion
or apparel design:
No copyright for
fashion designs
Patenting not realistic
Brands! Brands!
Brands!
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8. No copyright for fashion designs in the
U.S.
Because fashion
designs are intended to
be commercially
exploited U.S. courts
deny fashion designers
copyright protection.
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9. Patenting a fashion design is not
realistic in the U.S.
Design protection is
possible only by a
Design Patent – under
the condition that the
design is an inventive
step.
Patent procedures and
fees are similar to those
for technical patents.
DesignLawForce ! com 9
10. So in the U.S. it´s: Brands! Brands!
Brands!
Many U.S. fashion and
apparel companies
pursue a concept of
branding more than a
concept of creative
inventions – maybe
also because brands
can be protected as
trademarks.
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11. In a nutshell: fashion IP Rights in U.S.A.
DesignLawForce ! com 11
12. Lessons to be learned by tough girls
(and boys) in fashion business
Take what you can get
Keep yourself
documented
Don´t overreact
Don´t get greedy
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13. Take what you can get
Learn what you can
from the range of legal
alternatives at your
disposal.
Take your own
precautions and help
yourself to what’s
legally available.
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14. Keep yourself documented
Document everything -
file as much as is
necessary and as little
as possible.
Contracts - regulate as
much as possible
yourself.
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15. Don´t overreact
Only a very small
portion of customs
seizures worldwide are
related to design.
The next collection
needs you more than
your old designs.
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16. Don´t get greedy
Many go out for wool
and come home shorn.
With doctors, courts
and on the high seas
you are in God´s
hands.
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17. Look out for the new book:
Kobuss/Bretz/Hassani
Become A Successful
Designer – Protect
And Manage Your
Design Rights
Internationally
Birkhaeuser Publishers,
Basle, Autumn 2010.
ISBN 978-3-0346-0101-6
DesignLawForce ! com 17
18. And keep in mind what Karl said:
“Fashion is a business of injustice!”
Paldies!
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