Intellectual Property & The Fashion Industry
Since the Hargreaves report there have been important and far reaching changes to intellectual property law. The Intellectual Property Act 2014 has changed registered design and unregistered design right law and the Enterprise and Regulatory Reform Act 2013 has changed copyright and design law.
These and other enactments will be discussed as well as recent decisions such as DHK Retail v H Young on design, John Kaldor v Lee Ann on copyright, Specsavers v ASDA on trade marks and Thomas Pink v Victoria's Secrets on passing off.
As many fashion items are now manufactured outside Europe this course will touch on IP legislation in the main garment producing nations and practical steps that can be taken when negotiating agreements with businesses in those countries.
If you advise fabric and fashion designers, garment manufacturers and importers and retailers then this course is for you. It will update the knowledge of those who already advise or represent clients in those industries and provide a foundation for those who wish to develop a practice in this field.
What You Will Learn
This course will cover the following:
- What sort of IP protection does my employer or client require for his business and where?
- What provisions should I insert in my employer or client's licence or manufacturing agreement?
- What should I do if I find copies or lookalikes of my products in competitors' shops?
- What's Hot? The implementation of s.74 of the Enterprise and Regulatory Reform Act 2013 - John Kaldor v Lee Ann/Specsavers v ASDA/Thomas Pink v Victoria's Secrets
- IP basics; terminology, intellectual assets (brands, designs, technology and works of art and literature), intellectual property (trade marks, registered designs and unregistered design rights, patents, trade marks, law of confidence and action for passing off), institutions (Intellectual Property Office, Office for Harmonization in the Internal Market, European Patent Office, World Intellectual Property Organization), Sources of law (treaties and conventions (TRIPs, Paris and Berne), EU legislation, statutes), enforcement. remedies, licensing
- Advising the designer: types of design, aesthetic design, functional design, design registration and equivalent regimes, TRIPS, Paris and Rome Conventions, Designs Directive, Community Design Regulation, Copyright, Designs and Patents Act 1988, Registered Designs Act 1949, licensing, enforcement
- Advising the manufacturer; patents, trade marks, designs, licensing, cabbage, summary of laws in China, Egypt, India, Indonesia, Morocco, Pakistan, Thailand and Turkey
- Advising the retailer: trade marks, passing off, searches, agreements with designers and manufacturers
- Dispute resolution: High Court, Patent Court, IPEC (multi track and small claims), IPO examiners' opinions, appointed person
- IP strategy: identifying appropriate rights for particular jurisdictions, selecting and instructing foreign attorneys, watch services
Please let us know if you wish to be notified.
Please let us know if you wish to be notified when new dates are added for this programme