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How do patents protect intellectual properties such as fashion designs from similar products?


How do patents protect intellectual properties such as fashion designs from similar products?

Patents don't really protect fashion designs. A more common approach to protect such intellectual property is trademark registration for a specific namebrand of clothing. This helps differentiate the "authentic" from the knockoff.

There has also been some discussion of fashion design falling under copyright protection but was largely dismissed.

the issue of IP protection for fashion desgns is a hot on e int he fashion industry right now. IIRC, I recently read a good story in the New York Times on this very issue. Within the last 6-8 weeks I think.

the basic tension is, if IP was enforced 100% against knockoffs, then fashion trends, and overall sales to the designer would suffer.

there seems to be a generational split in this matter among the large "name" designers who are older vs up and comers, even if they have something valuable to protect, who tend to be younger, and more internet savvy.

Patents only protect functional designs, not aesthetic or cosmetic designs. Those would be protected under trademark, but only if they are very unique and identifiable.

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