A Proposal for an Alternate Dispute Resolution Process for the Fashion Industry After the Innovative Design Protection and Piracy Prevention Act

Authors

David Reap, Benjamin N. Cardozo School of Law

Abstract

This Note will explore the way alternative dispute resolution can be used to ensure that the proposed IDPPPA meets its stated goal without unnecessarily chilling creative efforts of unproven designers. Though the bill is aimed at stopping the proliferation of design copying (knockoffs), insiders are concerned that the bill will dissuade designers from producing designs that merely incorporate elements from other designs ("inspired-by" designs). Some believe that the judiciary will interpret the IDPPPA expansively, resulting in the punishment of designers who produce knockoffs as well as those who draw inspiration from other designs. However, a chilling effect could be mitigated if an alternative dispute resolution process is established by the fashion industry. An arbitration panel, equipped with an internal appellate procedure and the ability to appeal decisions to the court system, would enable designers seeking to produce inspired-by designs to quickly secure some guarantee that they will not be liable for copyright infringement. This Note will propose the creation of such a panel and will draw on several models-the National Advertising Review Council, the Uniform Domain Name Dispute Resolution Policy and Professor Michael Carroll's Free Use Board-to suggest the panel structure would preserve the fashion industry's innovative spirit after (despite?) the IDPPPA.

Disciplines

Dispute Resolution and Arbitration | Intellectual Property Law | Law | Legislation

Recommended Citation

David Reap, A Proposal for an Alternate Dispute Resolution Process for the Fashion Industry After the Innovative Design Protection and Piracy Prevention Act, 13 Cardozo J. Conflict Resol. 621 (2012).
Available at: https://larc.cardozo.yu.edu/cjcr/vol13/iss2/11