Friday, August 24, 2012

Are fashion patents here to stay !




In the recent times with advancements in global shopping networks and eCommerce based shopping platforms, there is an obvious adrenaline rush amongst renowned fashion brands to make an impact on the customers with their signature lines and unique apparel collections. Amidst all conventional methods of legal protection, fashion brands are eying on more substantial protection in the form of design patents. Design patents solely protect the ornamental or visual designs of the manufactured objects unlike utility patents which are granted on the functional utilitarian basis. Design patents encompass various aesthetic combinations of patterns, colors, shapes and configurations applied on various objects like jewelry, containers, apparel, furniture, etc.

Fashion or Apparel brands finds it more appealing to protect their industrial designs via design patents which confer them monopoly and exclusive rights to sell, distribute or license their designed products besides tapping infringements. For example, in a recent incident, Lululemon filed a legal suit against Calvin Klein for infringing upon their Yoga Pants design patent. Typically a Design patent protection in the US lasts within 14 years from the date of grant with no additional maintenance fee unlike utility patents which last in 20 years along with additional maintenance fee applicable. The reduced cost, reduced time and simple application procedure thus makes it an attractive proposition for fashion brands to go for design patents. Although, design patent applications are fairly simpler than utility patent applications but demands superior quality patent illustrations or drawings conferring to set standards to increase your chances of securing a design patent successfully.

Many fashion brands actively apply for design patents in order to safeguard their business from active competitors and to develop firm business strategies with open options for licensing-out deals. Besides protecting industrial designs at the national level, brands can actively protect their designs internationally by filing a single application for different designated countries via Hague System for the registration of International  Industrial Designs, administered by WIPO. For registering the designs across European Union, a single Community Design application can be filed mentioning the designated countries at the OHIM portal. It is important to note that the duration of such protection may vary depending on the international treaties and conventions involved.

Looking at the rising number of design patent applications each year, it is expected in future fashion businesses will rely more on such design based patent protections and will incorporate them under their core Intellectual Property business strategies. 

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