Welcome to part 2 of the last episode on resolving cross border #IntellectualProperty dispute as it relates to the fashion industry in the era of recreation of design.
A short 🧵 hopefully 😁
#IPSERIES
A short 🧵 hopefully 😁
#IPSERIES
Before I get into our case study for today here is the Twitter version of part 1 which featured graphic designers
https://twitter.com/esmeraldo99/status/1514899845319954438?t=bYuQzZicvrIL38VX0eguyg&s=19
Podcast version anchor.fm/rita-chindah/e…
On 3rd April 2022, the movie premiere of #KingOfThieves had actors and celebrities dress up in line with the theme for the event being "Epic and Dangerous".
Eniola Ajao dress up in a cowrie dress designed by Nigerian fashion designer Abiodun Folashade Tokunbo CEO
Eniola Ajao dress up in a cowrie dress designed by Nigerian fashion designer Abiodun Folashade Tokunbo CEO
of Anjy Luminee Couture, also known as House of Luminee, where she won 1 million Maria as the best dressed for that night.
5th April 2022 two days after Ivorian fashion designer Lafalaise Dion makes a publication accusing Anjy Luminee Couture, also known as House of Luminee of reproducing her intellectual property without consent.(see pictures of the work for emphasis)
Do you see any similarity in the cowrie dress design??
Lafalaise Don became known in 2018 because of her creations in promoting cowries and African spirituality.
In 2021, she had designed the cowrie dress for Olivia Yace for the #MissWorldContest
In 2021, she had designed the cowrie dress for Olivia Yace for the #MissWorldContest
Matter arising
What is the legal protection available for fashion designers in Africa?
#IntellectualProperty prove its creations and innovation that has commercial value and interplays with every industry.
An #IntellectualPropertyowner enjoys legal backing & protection based
What is the legal protection available for fashion designers in Africa?
#IntellectualProperty prove its creations and innovation that has commercial value and interplays with every industry.
An #IntellectualPropertyowner enjoys legal backing & protection based
on the territory and the national laws as it relates to the industry while being entitled to a bundle of exclusive intellectual property rights that will require any third party to get the consent, permission and authorization (CPA) to use the work in question.
What fashion designers/brands should know about #IntellectualProperty
Intellectual Property exists to help designers protect their designs which are unique and can be registered separately or individually.
This could be the look, feel, visual appearance, combination of colours
Intellectual Property exists to help designers protect their designs which are unique and can be registered separately or individually.
This could be the look, feel, visual appearance, combination of colours
and lines, unique elements and features that act as source indicators eg red sole for Christian Louboutin shoes, design not obvious to a skilled person, 2 or 3-dimensional work, the commercial image of the brand.
Intellectual Property rights that apply to the fashion industry
1. Copyright offers the designer a limited form of protection of the 2-dimensional features expressed in a fixed/tangible format eg drawing of the dress, sketches which can be used as a means of ID for the designer.
1. Copyright offers the designer a limited form of protection of the 2-dimensional features expressed in a fixed/tangible format eg drawing of the dress, sketches which can be used as a means of ID for the designer.
2. Trademark for designers would be the name of the brand, logos associated with it, symbol or colour
3. Trade dress to protect certain aspect of the appearance of the design eg the cowrie dress in dispute
3. Trade dress to protect certain aspect of the appearance of the design eg the cowrie dress in dispute
See pictures and link to post showing the process Lafalaise and her team in making the cowrie dress
Link to appreciate the "creation fo the mind" as an intellectual property instagram.com/p/CdA5K0jN3mk/…
Link to appreciate the "creation fo the mind" as an intellectual property instagram.com/p/CdA5K0jN3mk/…
4. Design right which is the best and top form of protecting your work as a fashion designer. This #IntellectualProperty focused on the visual appearance & configuration of the element in the cowrie dress hence the reason why it was reproduced.
Your design must be new, original
Your design must be new, original
5. Geographical Indication as an #intellectualpropertyrights in the fashion industry focuses on the qualities based on the place of production.
For example Lafalaise on her page showed how she transferred the use if the cowries a slink between her brand, the cowries dress and its
For example Lafalaise on her page showed how she transferred the use if the cowries a slink between her brand, the cowries dress and its
original place of production while protecting the unique handicraft which makes up the unique element of the cowrie dress thereby making the transformation new, and having its unique origin. Eg Made in Ivory Coast
Is the cowrie dress design the exclusive preserve of the Ivorian fashion designer Lafalaose Don?
Yes, based on documentation and the timeline which showed that this cowrie dress was first published to the public in November 2021
Link to pinned post instagram.com/p/CW1b_dssGw3/…
Yes, based on documentation and the timeline which showed that this cowrie dress was first published to the public in November 2021
Link to pinned post instagram.com/p/CW1b_dssGw3/…
Is cowrie used for other design the exclusive preserve of a fashion designer?
No, see the pictures below to see how other celebrities styled their outfit given the theme for the movie premiere
No, see the pictures below to see how other celebrities styled their outfit given the theme for the movie premiere
How to protect your intellectual property in Ivory Coast and Nigeria since #IP is territorial in Nigeria.
You can protect your designs by registering them with the intellectual property offices in charge of the various intellectual property mentioned earlier which will help in
You can protect your designs by registering them with the intellectual property offices in charge of the various intellectual property mentioned earlier which will help in
proving ownership of the design by exploring the best form of protection. You can also speak with your fashion or intellectual property lawyer within your jurisdiction.
You can listen to these episode of the @IPSERIES1 podcast on fashion anchor.fm/rita-chindah/e…
You can listen to these episode of the @IPSERIES1 podcast on fashion anchor.fm/rita-chindah/e…
Role of the Ivorian Intellectual Property Office
Intellectual Property protection for handmade fashion apparels
It must meet the basic requirements of not being made using a machine but may rely on it at certain stages where required
It must meet the basic requirements of not being made using a machine but may rely on it at certain stages where required
Ways fashion designers can build their #IntellectualProperty portfolio
a. Work on your goodwill and reputation
b. License your designs or collaborate
c. Work on your business valuation and auditing of your design's intellectual property
a. Work on your goodwill and reputation
b. License your designs or collaborate
c. Work on your business valuation and auditing of your design's intellectual property
In wrapping up here are my recommendations for fashion designers
i. When dealing with a cross border dispute like the cowrie design dress verify that your designs have been infringed or copied;
ii. Talk with your fashion or intellectual property lawyer to reach out (C&D),
i. When dealing with a cross border dispute like the cowrie design dress verify that your designs have been infringed or copied;
ii. Talk with your fashion or intellectual property lawyer to reach out (C&D),
iii. Before accusing someone of intellectual property theft know the difference between plagiarism, infringement of intellectual property rights and acts of infringement
iv. In the event of dispute you can opt to explore alternative dispute resolution mechanism like mediation,
iv. In the event of dispute you can opt to explore alternative dispute resolution mechanism like mediation,
negotiation, arbitration or go to the court that has jurisdiction to hear intellectual property dispute in your territory.
v. Always register your intellectual property locally, regionally or in countries you hope to break into
v. Always register your intellectual property locally, regionally or in countries you hope to break into
vi. Know that your #IntellectualProperty is your identity so create a distinctive mark associated with your brand, ensure your designs are new and original, and protect the confidential information of your brand such as customer list, fabric supplier etc that gives you an edge
vii. Intellectual Property is not about preventing other from copying your design but rather promotes creativity
viii.Finally opt for a multi-layered protection for your designs and have a fashion and intellectual property lawyer on your retainer
viii.Finally opt for a multi-layered protection for your designs and have a fashion and intellectual property lawyer on your retainer
And that brings me to the end of this episode.
If you are an Ivorian intellectual property lawyer please send me a dm or email to ipseriesinfo@gmail.com I would love to have you as a guest on my podcast @IPSERIES1
If you are an Ivorian intellectual property lawyer please send me a dm or email to ipseriesinfo@gmail.com I would love to have you as a guest on my podcast @IPSERIES1
If you had a good read of today’s episode, please share with your friends and contact groups.
To find out more about the issues raised in this case including intellectual property protection in the fashion industry etc you can subscribe to my podcast open.spotify.com/show/1d6vuZteT…
To find out more about the issues raised in this case including intellectual property protection in the fashion industry etc you can subscribe to my podcast open.spotify.com/show/1d6vuZteT…
Stay tuned for the podcast version
End of thread 🧵
End of thread 🧵
Special thanks and shout out to my learned senior and colleague @spydarweb for tagging me on this story
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