[Congressional Record Volume 156, Number 118 (Thursday, August 5, 2010)]
[Senate]
[Pages S6893-S6894]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SCHUMER (for himself, Mr. Hatch, Mr. Graham, Mr. 
        Whitehouse, Mrs. Gillibrand, Ms. Snowe, Mrs. Boxer, Mrs. 
        Feinstein, Mr. Cardin, Mr. Kohl, and Mrs. Hutchison):
  S. 3728. A bill to amend title 17, United States Code, to extend 
protection to fashion design, and for other purposes; to the Committee 
on the Judiciary.
  Mr. HATCH. Mr. President, I wish to express my support for the 
Innovative Design Protection and Piracy Prevention Act. For years I 
have been supportive of moving this legislation forward. It not only 
underscores the importance of the fashion design industry to our 
economy but will ensure that new and innovative fashion designs are 
afforded proper copyright protection.
  Throughout my service in the Senate, I have worked on a whole host of 
intellectual property-related initiatives. There is no doubt that 
legislating in this area is difficult. It is necessary, however, to 
maintain our position at the forefront of the world's economy and to 
continue our country's leadership in global innovation.
  Make no mistake about it: piracy and counterfeiting are the new face 
of economic crime around the world, far exceeding traditional property 
crimes. These crimes are the very antitheses of creativity--crippling 
growth and stifling innovation in their wake.
  Last Congress I worked closely with my Senate Judiciary Committee 
colleagues and others in passing the PRO-IP Act, which was signed into 
law by President George W. Bush on October 13, 2008. There is no doubt 
the PRO-IP bill will ensure that resources are available to enforce 
intellectual property laws and coordinate the government's intellectual 
property policies.

[[Page S6894]]

  Yet there are no laws prohibiting design piracy.
  Currently, original designs are copied and the apparel is 
manufactured in countries with cheap labor, typically in mainland 
China, Hong Kong, Pakistan, and Singapore. The garments are then 
shipped into the U.S. to directly compete with the garments of the 
original designer, sometimes before the originals have even hit the 
market. As a result, the U.S. apparel industry continues to lose 
billions of dollars to counterfeiting each year.
  We must ensure that all property rights, including fashion designs, 
are protected both here and abroad. Counterfeiting and piracy sap our 
country's economic strength. Plain and simple, when a company loses 
revenues to piracy or counterfeited goods, it does not have those 
resources to reinvest into making more of its goods. And that means 
lost jobs. This domino effect ensnares all within its reach.
  These crimes not only affect the individual company, but they also 
adversely affect the companies that would have contributed to or 
benefitted from the unmade goods. Suppliers of raw materials and 
components as well as shippers, distributors, and retailers, all take 
the hit.
  In my home State of Utah, I am mindful of the designers who make a 
meaningful contribution to the fashion industry. Utah designers like 
Nappi, Modurrn, and CherellaUSA are committed to quality and original 
clothing lines. These designers, and many more across the Nation, must 
know that after spending their time and money in developing new and 
unique fashion designs, their works are protected from infringers. They 
should be able to secure and enforce adequate copyright protections for 
their hard work.
  The Innovative Design Protection and Piracy Prevention Act represents 
a true compromise. The proposed legislation is the product of an 
intensive year of negotiations with interested stakeholders. Among 
other things, the compromise language provides protection to truly 
unique fashion designs. In order to be considered an infringing design, 
a plaintiff must demonstrate that a design copy is ``substantially 
identical.''
  I am pleased with the progress that has already been made on the bill 
and look forward to working with my colleagues on further refinements 
as it moves through the legislative process.
                                 ______