H.R.2196 - Design Piracy Prohibition Act

To amend title 17, United States Code, to extend protection to fashion design, and for other purposes. view all titles (2)

All Bill Titles

  • Short: Design Piracy Prohibition Act as introduced.
  • Official: To amend title 17, United States Code, to extend protection to fashion design, and for other purposes. as introduced.

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  • Today: 9
  • Past Seven Days: 60
  • All-Time: 11,800
 
Introduced
 
House
Passes
 
Senate
Passes
 
President
Signs
 

 
04/29/09
 
 
 
 
 
 
 

OpenCongress Summary

This bill seeks to extend copyright protection to fashion designs of apparel and accessories, setting the term of protection at three years.
OpenCongress bill summaries are written by OpenCongress editors and are entirely independent of Congress and the federal government. For the summary provided by Congress itself, via the Congressional Research Service, see the "Official Summary" below.

Official Summary

4/30/2009--Introduced.Design Piracy Prohibition Act - Extends copyright protection to fashion designs. Includes as protected items clothing, handbags, duffel bags, tote bags, and eyeglass frames. Excludes from such protection designs embodied in a useful article made public by the designer

Official Summary

4/30/2009--Introduced.Design Piracy Prohibition Act - Extends copyright protection to fashion designs. Includes as protected items clothing, handbags, duffel bags, tote bags, and eyeglass frames. Excludes from such protection designs embodied in a useful article made public by the designer more than six months before the registration of copyright application. Prohibits considering certain factors in determining the originality of a fashion design. Sets the term of protection at three years. Declares that it is not infringement to make, have made, import, sell, or distribute any article which was created without reasonable grounds to know that design protection is claimed. Prohibits deeming a fashion design to have been copied from a protected design if it:
(1) is original and not closely and substantially similar in overall visual appearance to a protected design;
(2) merely reflects a trend; or
(3) is the result of independent creation. Prohibits deeming a vessel hull design to have been copied from a protected design if it is original and not substantially similar in appearance to a protected design. Applies the doctrines of secondary infringement or secondary liability to actions related to original designs. Requires that applications for design registration be made within two years after the design is made public for vessel hulls and within six months after the design is made public for fashion designs. (Current law sets such a time limit at two years for designs in general.) Increases allowable damage awards for infringement of original designs and for false representation. Requires the Register of Copyrights to establish and maintain an electronically searchable fashion design database available to the public without charge.

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Organizations Supporting H.R.2196

  • The International Anti-counterfeiting Coalition
  • Council of Fashion Designers of America

Organizations Opposing H.R.2196

  • American Apparel and Footwear Association
See the money trail behind this bill for more info on how campaign contributions may be influencing senators' and representatives' votes.


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Recent Blog Coverage

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06/14/11
H.R.2196: FREE Act - U.S. Congress - OpenCongress

Or, if you know of a news article about this bill to display here, email us the web address of this page and the web address of your suggested news article: Our editorial team will post relevant links as quickly as ...

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12/27/10
Tiffany Key Rings sale and explains

1957 (2007) and Congresse most current attempt via HR 2196 (2009), all titled the Design Piracy Prohibition Act (), by examining the billse legislative histories and stated purposes. Intellectual property represents “creations of the ...

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12/27/10
While Tiffany Notes sale

Unfortunately, the bill currently in Congress, HR 2196, went to committee months ago and has yet to see any further action. On May 12, 1913, the New York Times published a letter from Vivian Burnett, the editor of the Lace and ...

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