Copyrighting clothing: The US 'fashion Bill' as a model for fashion design protection in Australia

摘要

In both the US and Australia, the fashion industry has operated with limited intellectual property protection for garment designs. This has led to efforts to increase fashion design protection in the US. Amid continued debate over whether such protection is required, this article considers whether the latest attempt - the Innovative Design Protection and Piracy Prevention Act - is an appropriate model of fashion design protection for Australia. It is argued that in substance, the Bill strikes the proper balance of competing interests of designers and the public, by only rewarding those designs which are most worthy of protection. However, as an amendment to the Copyright Act 1976 (US), the form of protection is inappropriate due to the differences in US and Australian copyright law. Three options are proposed to enhance fashion design protection in Australia, with the ultimate recommendation that sui generis protection is most appropriate.