The Effects of Design Protection Legislation on Manufacturer Motivation

Abstract

This theoretical paper reviews the motivational factors of design protection legislation on knockoff manufacturing in the United States. Since at least the early 20th Century, U.S. apparel designers have requested design protection legislation. In fact, more than 90 attempts have been made to gain legal recognition and protection for original apparel designs through the U.S. legislative system since 1914. In France, however, from the time of Charles Frederick Worth, rules existed concerning what qualified as couture design, and over the following years, design protection in Europe evolved to continually protect creative design. In contrast, the United States continues to have limited design legislation that fails to protect fashion design. Parties in opposition to increased protection argue that legislation will stifle creativity, whereas parties in support counter that protection will encourage designers to create. This paper proposes the necessity of future research based on Tedmond Wong’s Innovative Design Protection and Piracy Prevention Act (IDPPPA) Game Theory Model to gauge the effect of design protection legislation on apparel manufacturer motivation to knock off designs. While this paper does not test the proposed research, it provides background supported by analysis and synthesis of current facts, data and research literature, and proposes directions of inquiry that may support design protection legislation.