Industrial Designs

7/27/2019 Industrial Designs

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THIS IS A CASE STUDY CASTING A STORY..

COLLAPSE INDUSTRY LEADER


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Small entrepreneurial textile

design studio based in Lahore. Formed in 1998 by Mr. Yahsir

Waheed under The CompaniesAct 1980

Designed, manufactured and

marketed its own creations. Specialty was to create distinctive

collections in terms of color,motif, design and scale

This created a strong and original

identity for theYahsir label

BRIMFUL DESIGNS


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HAPPY YEARS 1999-2002

MR. YASHIR WAHEED


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BRIMFUL IN 2003 STRUK BY INFRINGEMENT

The very existence of Brimful was threatened in 2003

As local print manufacturers organized massive copying of its designs oninferior quality material.

These fake copies were sold under various labels at 1/3rd of the price of theoriginal product.

Open use ofYahsirsprinted catalogues by salesmen to sell the fakes in retail

cloth shops brought confusion to Brimfulsloyal customers. The availability of cheap fakes created discontent and agitation among

clients, resulting in negative customer perception of the Yahsir label, a rapiddecline in market share, and the loss of the products novelty appeal.

Brimful, being a small entrepreneurial venture, was on the verge of going out

of business to the hands of the manufacturers producing fake copies.


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INTELLECTUAL PROPERTY HOPE FOR SURVIVAL

Brimfulsfinancial woes led the owners to understand that the

protection of their designs would be paramount to their survival. Searching for ways to protect their intellectual work, in 2003 Brimful

attended a training program organized by the Small and MediumEnterprise Development Authority (SMEDA).

In this program, Brimful sought counsel from an Intellectual

Property (IP) expert who advised them to seek protection under theIndustrial Design Ordinance 2000 (2000 Ordinance) and toundertake timely registration of their designs to expedite proceduresagainst design infringers.

After consultation, Brimful decided to register its designs under the2000 Ordinance to deter infringers and provide an avenue for legal

recourse.


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INDUSTRIAL DESIGN VSCOPYRIGHTS

I N D U S T R I A L D E S I G N

O R D I N A N C E 2 0 0 0

It provides protection toowners of textile or otherindustrial designs for ten

years and is renewabletwice for ten years each,thus giving a total of thirty

years of protection.

C O P Y R I G H T A C T 1 9 9 2

While designs can also beregistered under theCopyrights (Amendment)

Act of 1992, section 12 ofthe Copyrights Ordinancespecifically says that if thedesign is reproduced

mechanically more than 50times then copyrightprotection does not hold.

Hence, the most appropriate legal title to protect Brimful industrial designs is the 2000Ordinance.

Since 2004 all Yahsir designs have been registered under the 2000 Ordinance.


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IP ENFORCEMENT

Effective enforcement of their protection rights became essential for

Brimfulscontinued success. Beyond registering its designs, Brimful used the media to launch an

effective campaign against the copiers.

In cooperation with law enforcement agencies and legal counsel, in2004 the authorities raided shops selling fake Yahsir prints and

seized their stock. Subsequent efforts in 2005 and thereafter haveresulted in significant curtailing of the production of fake Yahsirproducts.


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While the infringers are no longer replicating Brimfulsexact

designs, copies are still being made that are close enough to confusebuyers.

The process of obtaining and implementing a court injunction takesexcessively long, and Brimful would like to see punitive action takenby the authorities against IP violators in the textile sector to furtherdeter copying.

However, despite these challenges Brimful believes that designregistration and enforcement still holds its merit and is thefoundation to a conscious and concerted effort against violators.

IP ENFORCEMENT (CONT..)


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BUISNESS RESULT

Despite tough competition and copiers, Brimful has been able to establish itself

and stay at the forefront of the countries fashion scene in a relatively short time. Releasing new high quality lawn collections every year, Brimful is tapping into

domestic and international markets with the goal of making Yahsir a globalbrand.

Brimful products continue to receive good reviews and press, making them one of

the most successful designer lawn labels in Pakistan. Brimful is poised to be a leader in the growth of the Pakistani fashion industry.

Pioneering a new direction for creative fabrics, its research and development andresulting popular designs continue to establish it as a strong player in the market.


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CONCLUSION

Saving a Company through Industrial Design Protection

Facing seemingly endless competition from cheap imitations,Brimful could have collapsed if it did not seek IP protectionthrough registering its designs. Doing so allowed it tosignificantly reduce the copying of its designs, regain customerand industry confidence.

Though it still faces challenges, Brimful has gone from nearcollapse to a significant force in the fashion industry.


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Documents

Industrial Designs