America intends to establish a fashion copyright Bill

America intends to establish a fashion copyright Bill

On September 20, 2012 the US Senate Judiciary Committee approved the bill re-initiated by Senator Charles Schumer to extend copyright protection to fashion designs. The Innovative Design and Protection Act continues former efforts to grant copyright protection to fashion designs and was at its first launching intensively discusses within the fashion industry. The proposal would grant a three year protection period for original designs, a period needed for a product development, the ones against the proposal state that this would impede trade. The bill would like to create a three step trial process in which the plaintiff would prove the originality of the design, that the defendant’s design is substantially identical and that the defendant had access to the plaintiff’s design while making the supposed copy. The bill will be sent to the Senate floor but a possible voting on it has to be expected after the elections and thus by the 113th Congress beginning next year.


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