In this issue: The Royal Wedding and IP Rights in the Fashion Industry; New Privacy Laws in India and China - A Barrier to Outsourcing; Foreign Direct Investment in Venezuela; and The Future of Islamic Finance in the Middle East; Overview of International Arbitration in Colombia.
Excerpt from 'The Royal Wedding...':
Recently, the Innovative Design Protection and Piracy Prevention Act (“IDPPPA”) was again introduced in the United States House of Representatives. The IDPPPA provides original designers, under certain circumstances, the exclusive right to make and sell a design. Upon passage of the IDPPPA, the design of the dress Kate Middleton wore during the U.K. royal wedding will probably be protected by law. The designer of the royal wedding dress would likely be incentivized to register the design and gain full protection under the IDPPPA.
Dressmakers should be careful not to create the same ‘overall impression’ of the look of the original dress, no matter how much their customers may want their own ‘Kate dress,’ or risk being the subject of a lawsuit by the original designer. In this article, Carol provides an overview of the proposed IDPPPA and the main considerations arising from the protection and ownership of rights in registered designs. She also provides an insight into this Act’s potential impact, both in the U.S. and foreign jurisdictions, and of the risks associated with infringement of such rights.
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