Latest Fashion Design IP Bill Has Rough Road Ahead

Originally published in Law360, New York (September 21, 2012, 10:07 PM ET)

Despite new provisions aimed at quelling fears it will create a flood of litigation, attorneys said the latest version of a bill to extend intellectual property protection to fashion designs, advanced by a Senate panel Thursday, still faces long odds of being enacted.

The Senate Judiciary Committee voted to approve the Innovative Design Protection Act, S.3523, which would provide a limited three-year protection for clothing, handbag and eyewear designs. The designs usually cannot be protected under existing intellectual property law.

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