Textile design protection: Copyright, CAD and competition

In the furnishing fabric industry the role of high quality design is paramount, but with success comes the risk of imitation. Although copyright infringement is an old problem in textiles: recent commercial trends are changing the situation as design protection becomes a more complex legal and management issue. Furthermore, developments in IT and computer-aided-design (CAD), while enhancing textile design capabilities, may also enhance the sophistication and speed of illegal copying. This paper reports on a study of copyright protection in the furnishing fabric sector, investigating both the role of design and the problems faced by textile firms and designers in protecting their original design work. The research is based on interviews and surveys of the experiences of many firms in Europe and the USA. In particular, the impact of CAD is highlighted, both in its effect on the design process and its perceived role in design theft. It appears that the competitive advantages achieved through successful design innovation is being undermined by an increase in the speed of producing copies, as well as the fragmentary nature of legal protection measures throughout the world. In this paper we will argue that the use of CAD could be a factor in challenging existing design copyright concepts and protection practices as further technical developments will improve both the accuracy and application of CAD to the design process. (C) 1999 Elsevier Science Ltd. All rights reserved.