SlideShare a Scribd company logo
Why successful
     fashion designers
         don´t need
Intellectual Property Rights

           DesignLawForce ! com   1
Most designers rely on rights
– without really knowing them




          DesignLawForce ! com   2
What do you know about IP Rights for
     fashion design in Latvia?




              DesignLawForce ! com     3
In a nutshell: fashion IP Rights in Latvia




                DesignLawForce ! com         4
But legal systems in the world vary ...




               DesignLawForce ! com       5
… and so do the concepts of IP-Rights

                             Creativity as an integral
                             human attribute
                             vs.
                             Maximization of
                             creative production




              DesignLawForce ! com                   6
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!

              DesignLawForce ! com                     7
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.




               DesignLawForce ! com                 8
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
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.
             DesignLawForce ! com               10
In a nutshell: fashion IP Rights in U.S.A.




                DesignLawForce ! com     11
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


              DesignLawForce ! com               12
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.

      DesignLawForce ! com                  13
Keep yourself documented

                       Document everything -
                       file as much as is
                       necessary and as little
                       as possible.
                       Contracts - regulate as
                       much as possible
                       yourself.


        DesignLawForce ! com                     14
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.


   DesignLawForce ! com                 15
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.



    DesignLawForce ! com                  16
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
And keep in mind what Karl said:
“Fashion is a business of injustice!”




                             Paldies!



              DesignLawForce ! com      18

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Riga ip rights presentation

  • 1. Why successful fashion designers don´t need Intellectual Property Rights DesignLawForce ! com 1
  • 2. Most designers rely on rights – without really knowing them DesignLawForce ! com 2
  • 3. What do you know about IP Rights for fashion design in Latvia? DesignLawForce ! com 3
  • 4. In a nutshell: fashion IP Rights in Latvia DesignLawForce ! com 4
  • 5. But legal systems in the world vary ... DesignLawForce ! com 5
  • 6. … and so do the concepts of IP-Rights Creativity as an integral human attribute vs. Maximization of creative production DesignLawForce ! com 6
  • 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! DesignLawForce ! com 7
  • 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. DesignLawForce ! com 8
  • 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. DesignLawForce ! com 10
  • 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 DesignLawForce ! com 12
  • 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. DesignLawForce ! com 13
  • 14. Keep yourself documented Document everything - file as much as is necessary and as little as possible. Contracts - regulate as much as possible yourself. DesignLawForce ! com 14
  • 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. DesignLawForce ! com 15
  • 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. DesignLawForce ! com 16
  • 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! DesignLawForce ! com 18