Caribbean Creatives July - Sept 2012 | Page 12

C continued from previous page A R I B B E A N C R E A T I V E S Furthermore, the top clients of these multi-million dollar ?rms can afford to access authentic products from the manufacturers. On the other hand, if the design of a small designer is copied there is no incentive to seek out the authentic product. This is especially so if the design is copied by a brand that has an established name in international markets. These ‘design thieves’ have proved and continue to prove to be lucrative businesses even if designers manage to ?le a lawsuit against them. For example, notable design copycats such as Forever 21, H&M and Topshop among others, continue to be viable even in the face of a stream of lawsuits. Forever 21 for instance, faced ?fty lawsuits between 2006 and 2009 alone (Keymeulen, 2011). Some writers may even contend that the production of counterfeits is equally as damaging to big brands as this may ‘cheapen’ the original product. The existence of the knockoffs also reduces the customer’s feeling of exclusivity and may deter them from associating with authentic product since knockoffs are popular and may closely resemble the real product. Additionally, intellectual property protection is becoming increasingly important in a technologically advanced world where copies can be made in a matter of seconds after the original is showcased. In the Caribbean context, for example, a design shown at Caribbean Fashion Week or at any other fashion show in the Caribbean can be transmitted by any technological platform to manufacturers in Asia who can produce an identical design before the original designer themselves can put it on the shelves. As outlined by van Keymeulen and Nash, today’s reality is that “technological advancements such as digital photography and computerized pattern-making have made copying nearly instantaneous”( Keymeulen, 2011). The aforementioned therefore illustrates that if a lucrative fashion industry is to be developed in the Caribbean region, strong intellectual property platforms must be put in place not only to guard against design copying but also the use of indigenous materials in the production of these products and the processes involved in same. The use of sea-island cotton in the production of garments from the Caribbean, for example, may provide a comparative advantage for marketing products made from this material to the international arena. This product (seaisland cotton) is considered to be the ?nest quality of cotton in the world, and can only be produced at its highest grade when grown in the Caribbean region. Attaching strong intellectual property rights to designs made of this material through the right trademarks, copyright, design and geographical indication protection combination will bene?t the region in two ways: 1) Attract investment to the region in the seaisland cotton industry 2) Create a niche market for these product in international markets. The strength of applying comprehensive intellectual property laws to the fashion industry is also supported by Europe’s dominance in the industry, based largely on the application of intellectual property protection to the industry. To make this case, van Keymeulen and Nash points to the fact that three out of Europe’s top ?ve wealthiest individuals are fashion industry moguls. They further point out that on the contrary, “not a single US fashion brand owner appears in Forbes top 100”( Keymeulen, 2011). Given the aforesaid, there are some clear lessons for the region in terms of the selection of models to emulate References Sarah Ellis. (2010), Copyrighting Couture: An examination of fashion design protection and why the DPPA and the IDPPPA a ?????????????????????????????????????????Q????????1??I????????????-???I???????????? ????????M??????????????Q???A?????A???????%????????????%??????????A????????????????????Q???Y???????1??I???????????????????????Y???-??????????1???9???????????????)?????????????qA????????????????????????????????1???t??%??????????A???????5???????I??????????????????????????????A?????????)????????1???Y?????5????????????? ?????]0?????????L??8?d????????????((??4()??????????????????????????()Y????????)???M???????????((