Alterations to the Design Piracy Prohibition Act: Innovative Design Protection and Piracy Prevention Act ("IDPPPA")

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Design piracy has long been considered a problem by some in the fashion industry and a boon by others. Other than trademarked brand logos, fashion design has primarily been in the negative IP space; clothing often considered a ”useful article” ineligible for copyright protection or unable to meet design patent requirements. Supporters of protection believe fashion designs should be afforded the same protection that other creative industries, like music and film, are given. For years, many in the fashion industry have been pushing Congress to pass legislation that would give sui generis protection to fashion designs. The proposed legislation will leave designs created anywhere prior to enactment in the public domain.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Janet Lin | Attorney Advertising

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