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LEGISLATION TO COMBAT DESIGN PIRACY
WASHINGTON , DC – Today Congressman Bob Goodlatte introduced the Design Piracy Prohibition Act, H.R. 5055 . This bipartisan legislation provides copyright protections to fashion designs.
Most industrialized nations provide legal protection for fashion designs. However, in the United States – the world's leader in innovation and creativity – fashion designs are not protected by traditional intellectual property protections. Copyrights are not granted to apparel because articles of clothing, which are both creative and functional, are considered “useful articles,” as opposed to works of art. Design patents are intended to protect ornamental designs, but clothing rarely meets the criteria of patentability. Trademarks only protect brand names and logos, not the clothing itself.
The Design Piracy Prohibition Act protects designers by amending the Copyright Act to also include protections for fashion designs. Because the production life cycle for fashion designs is very short, this legislation similarly provides a tailored period of protection that suits the industry – three years. This legislation further establishes damages for infringing a fashion design at the greater of $250,000 or $5 per copy. Read more at house.gov
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