Innovative Design Protection And Piracy Prevention Act (Fashion Bill)
To help clients understand and prepare for the potential impact of pending design legislation, Banner & Witcoff offers the following content as a resource to monitor and analyze developments in this legislation.
Background
On August 5, 2010, the Innovative Design Protection and Piracy Prevention Act (S.3728) was introduced in the 111th Congress. This proposed legislation extends copyright protection to new fashion designs that are unique and a non-trivial variation over the prior art. Items that would be protected under this bill include clothing, handbags, duffle bags, tote bags, belts, and eyeglass frames. Protection would be automatic for new fashion items when first made public and no registration of rights would be required. This legislation would provide a three year term of protection for a fashion design. The proposed legislation excludes protection for fashion designs embodied in a useful article made public by the designer more than three years before the date upon which protection of the design is asserted.
On December 6, 2010, the Senate Judiciary Committee cleared the Innovative Design Protection and Piracy Prevention Act, sending the bill to the full Senate to be voted on. The bill has not yet been voted on by the Senate.
*The Innovative Design Protection and Piracy Prevention Act did not pass in the 111th Congress.
*The Innovative Design Protection and Piracy Prevention Act did not pass in the 111th Congress.
On July 13, 2011 the “Innovation Design Protection and Piracy Prevention Act” also known as H.R. 2511 was introduced in the House of Representatives.
Pending Legislation
Media
Banner & Witcoff attorneys are available to answer questions and discuss this legislation. Media inquiries should be directed to Colleen Strasser at (312)-463-5465 or cstrasser@bannerwitcoff.com.
related news
10.06.2010 | Darrell G. Mottley comments on legal issues in the fashion industry in an American Lawyer article
related library documents
