Intellectual property is a key asset in the fashion industry. The design created by the author constitutes intellectual capital that requires proper legal protection and an effective management system in order to enhance competitive advantages in the fashion business. The Russian legal system provides special tools for protecting the unique design and appearance of products. In some cases, multiple legal protection methods may be necessary to effectively safeguard the same product or its individual elements, as discussed in this article.
Copyright
The results of intellectual activity that are subject to legal protection of works include, first of all, objects of graphics, jewelry design, clothing, and accessories, including their individual elements; other works of fine art (clothing prints), as well as works of decorative and applied art (embroidery, appliqué, and flower-making).
Works that are created as a result of the author's creative work and have an objective form of expression are protected.
The legal protection of these objects does not require state registration and, as a general rule, lasts for the author's entire life, as well as for 70 years from the first January of the year following the author's death.
Patent for an Invention
A technical solution relating to a product or a method (process of implementation) of actions with a material object by means of material means (including the use of a product or a method for a specific purpose) can be registered as an invention. In the fashion industry, such objects may include technologies for the production of fabric, material, sewing and manufacturing of products.
To obtain legal protection, an invention must be registered with Rospatent and meet the requirements of patentability, such as novelty, industrial applicability and inventive step.
The exclusive right to an invention is valid for 20 years from the date of filing the initial patent application with Rospatent, provided that the requirements established by the Civil Code of the Russian Federation are met.
Patent for an Industrial Design
The appearance of an industrial or handicraft product (aesthetic and design features), such as a fabric pattern, product model, accessories, individual garments, sets, and other design solutions, can be protected by a patent.
To obtain a patent for an industrial design, you must submit an application to Rospatent. Additionally, the design or appearance of the product must be new and original in its essential features. The application can be submitted for a single object or multiple objects that form a unified creative concept.
The term of protection of exclusive rights to an industrial design is 5 years, with the right to extend it repeatedly for another 5 years, but in total for no more than 25 years. An application for a patent must be submitted no later than 12 months after the disclosure of information, for example, at an exhibition or fashion show.
Trade mark
Verbal, pictorial, three-dimensional, and other designations can be used as a trade mark. A separate group includes non-traditional trade marks, such as color, position, olfactory, and others.
In the fashion industry, it is common to register a series of trade marks, which are a collection of registered designations that protect key marketing identifiers of a brand, such as verbal, graphic, and color identifiers.
Legal protection is provided for goods and services from a specific list, as requested by the applicant.
The main condition for granting legal protection to a trade mark is its distinctive capacity, but Rospatent also checks other requirements specified in the Civil Code of the Russian Federation. In particular, a trade mark must not contradict public interests, principles of humanity and morality, mislead consumers, or be identical or similar to other registered trade marks to the extent of confusion.
The exclusive right is valid for 10 years from the date of filing an application for state registration, with the possibility of extending this period for an additional 10 years an unlimited number of times.
For a trade mark that is recognized as well-known, the exclusive right is valid indefinitely.
Production Secret
Information of any nature (production, technical, economic, organizational, etc.) about the results of intellectual activity in the scientific and technical field and methods of carrying out professional activities (for example, a special technique for processing fabric or a method for building a supply chain) can also be subject to legal protection.
The protection of a production secret does not require state registration and is valid as long as the right holder maintains the confidentiality of the relevant information.
Information can become protected if three conditions are met:
Copyright
The results of intellectual activity that are subject to legal protection of works include, first of all, objects of graphics, jewelry design, clothing, and accessories, including their individual elements; other works of fine art (clothing prints), as well as works of decorative and applied art (embroidery, appliqué, and flower-making).
Works that are created as a result of the author's creative work and have an objective form of expression are protected.
The legal protection of these objects does not require state registration and, as a general rule, lasts for the author's entire life, as well as for 70 years from the first January of the year following the author's death.
Patent for an Invention
A technical solution relating to a product or a method (process of implementation) of actions with a material object by means of material means (including the use of a product or a method for a specific purpose) can be registered as an invention. In the fashion industry, such objects may include technologies for the production of fabric, material, sewing and manufacturing of products.
To obtain legal protection, an invention must be registered with Rospatent and meet the requirements of patentability, such as novelty, industrial applicability and inventive step.
The exclusive right to an invention is valid for 20 years from the date of filing the initial patent application with Rospatent, provided that the requirements established by the Civil Code of the Russian Federation are met.
Patent for an Industrial Design
The appearance of an industrial or handicraft product (aesthetic and design features), such as a fabric pattern, product model, accessories, individual garments, sets, and other design solutions, can be protected by a patent.
To obtain a patent for an industrial design, you must submit an application to Rospatent. Additionally, the design or appearance of the product must be new and original in its essential features. The application can be submitted for a single object or multiple objects that form a unified creative concept.
The term of protection of exclusive rights to an industrial design is 5 years, with the right to extend it repeatedly for another 5 years, but in total for no more than 25 years. An application for a patent must be submitted no later than 12 months after the disclosure of information, for example, at an exhibition or fashion show.
Trade mark
Verbal, pictorial, three-dimensional, and other designations can be used as a trade mark. A separate group includes non-traditional trade marks, such as color, position, olfactory, and others.
In the fashion industry, it is common to register a series of trade marks, which are a collection of registered designations that protect key marketing identifiers of a brand, such as verbal, graphic, and color identifiers.
Legal protection is provided for goods and services from a specific list, as requested by the applicant.
The main condition for granting legal protection to a trade mark is its distinctive capacity, but Rospatent also checks other requirements specified in the Civil Code of the Russian Federation. In particular, a trade mark must not contradict public interests, principles of humanity and morality, mislead consumers, or be identical or similar to other registered trade marks to the extent of confusion.
The exclusive right is valid for 10 years from the date of filing an application for state registration, with the possibility of extending this period for an additional 10 years an unlimited number of times.
For a trade mark that is recognized as well-known, the exclusive right is valid indefinitely.
Production Secret
Information of any nature (production, technical, economic, organizational, etc.) about the results of intellectual activity in the scientific and technical field and methods of carrying out professional activities (for example, a special technique for processing fabric or a method for building a supply chain) can also be subject to legal protection.
The protection of a production secret does not require state registration and is valid as long as the right holder maintains the confidentiality of the relevant information.
Information can become protected if three conditions are met:
- It must have commercial value because it is not known to third parties;
- Be inaccessible to third parties;
- Reasonable measures must be taken to ensure confidentiality, such as the application of a trade secret regime.
The article was published in the Legal Insight magazine No. 4 (60) 2017 // www.legalinsight.ru
Photo credit: Paul Smith
Photo credit: Paul Smith