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Legal Commentary
: LawPunditKnockoffs in Fashion Design Plague Designers as Fashion Industry Copyright Bill Reintroduced to Congress
By Andis Kaulins
The fashion industry is of course the best example that creation of an incomparably dynamic and innovative industry proceeds best WITHOUT copyright protection.
On the other hand, if the government is to be consistent in drawing up norms as a matter of law, there is no legal basis in Constitutional Law to exclude fashion design from the protection of copyrights or patents.
If something as laughable as a business method can be patented (so the holding of the United States Supreme Court in the Bilski case) then a fashion design would seem to be one tangible cut above that.
Full post as published by LawPundit on August 10, 2010 (boomark / email).
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