Articles

IP Update - The 2010 Fashion Bill: Inching Towards Protection

LexisNexis Communities
December 10, 2010

Matheson, Julia Anne

Article

This article, by Finnegan partner Julia Matheson, discusses how the decision to send the IDPPPA for a full Senate vote, not only suggests a forthcoming change in U.S. Copyright law, bringing it closer to protection already provided in the European Union and Japan, but also marks a significant advancement for the long-overlooked proponents of intellectual property protection for fashion design. The author states that under the current law, fashion designs do not receive explicit intellectual property protection, and that the success of the IDPPPA appears promising. Matheson believes that because it is borrowing from trademark law, the IDPPPA sets a high standard for a designer to meet in enforcing its rights. The article notes that several defenses and exceptions are also built into the IDPPPA, including a "home sewing exception," which protects individuals who produce a single copy of protected design for personal or immediate family use.