AAFA president slams piracy act - sportstextiles: Lea SportsTextiles

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AAFA president slams piracy act

29/04/2009
The American Apparel & Footwear Association (AAFA) submitted a letter to the US Congress on April 27 stating its strong opposition to the expected re-introduction of the Design Piracy Prohibition Act. It believes this legislation would stifle the creativity that drives the fashion industry forward and would require legitimate producers to navigate through new, burdensome processes to get their garments and shoes to market.

“The US apparel and footwear industry has long advocated for stronger protections of their intellectual property,” said AAFA president and CEO, Kevin Burke. “The Design Piracy Prohibition Act, however, would not provide the meaningful intellectual property protections sought by innovative and forward-thinking designers. In fact, this well-intentioned but ultimately detrimental legislation would hinder creativity by putting many legal barriers between the designer’s sketch pad and the consumer’s closet.”

Chair of AAFA’s board of directors and CEO of Triumph Apparel Marketing, Carol Hochman, said: “Inspiration is what moves our industry forward, but the Design Piracy Prohibition Act simply takes the fashion designer out of the equation. This legislation would put companies like ours at great risk of potential litigation if anyone feels our legitimate designs are too similar to theirs. When you make work-out and performance clothing like we do, the risk is high. This risk would be thrust onto every producer and brand in the apparel and footwear industry.”

AAFA believes that, as it is currently written, the Design Piracy Prohibition Act would: create legal ambiguity in the fashion industry by utilising a “closely and substantially similar” standard for infringement and that it would automatically extend ownership rights of a design without any test to determine if such rights are merited. Also, while prohibiting the protection of all fashion items that previously existed, the legislation allows for the protection of these same “non-original elements” if arranged in an original way. Furthermore, it would provide the opportunity for one designer to maintain a monopoly on any “trend” for three years.

“The essential driver of fashion is inspiration,” Mr Burke stated. “And this bill outlaws inspiration.”

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