EOC week 7 Question on intellectual property.

Q: How do I know if I can protect my business information as a trade secret?

Q: Can I protect multiple but related works under the same registration?

Q: As a designer how much of my work is protected under a copyright?

Q: How can I prove that there has been an infringement on my copyright?

Q: How do I know what form of intellectual property protection is available for my work?

Q: Do you Support the Proposed New Fashion Law (the "Innovative Design Protection and Piracy Prevention Act")?

The Innovative Design Protection and Piracy Prevention Act, "IDPPPA," was introduced as S. 3728 this week by Senator Chuck Schumer (D-NY). Both the Council of Fashion Designers of America and the American Apparel and Footwear Association, who had disagreed on many previous drafts, support the bill. 

Here's a summary of the bill, as introduced: 

- a 3-year term of protection; 

- protectable designs require "originality plus novelty"; 

- an independent creation defense; 

- unlike traditional copyright, no registration is necessary; 

- a heightened pleading standards to discourage frivolous litigation, (pleading with particularity); 

- home sewing exception; 

- "substantially identical" standard for infringement; 

Supporters claim that "in the end, this bill addresses the needs of emerging designers, offers recognition and protection to all creative fashion designers, brings the U.S. in line with IP law in other fashion design-producing countries, closes a legal loophole related to counterfeiting, and will force former copyists to actually design clothing or at least sign licensing agreements -- meaning more jobs for designers and more affordable choices for consumers."

Q: Doesn't intellectual property law protect fashion?

Q: If counterfeit handbags, sunglasses, DVDs, etc. are illegal, why are they so easy to find online and on the street?

Q: How is fashion law different from any other industry or field-specific law? What would, say, a Fashion Law 101 syllabus look like?

Q: How is fashion law different from any other industry or field-specific law? What would, say, a Fashion Law 101 syllabus look like?