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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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