Unfortunately, IFW 2012 did not get the international press coverage it wanted. I suspect it was very hard getting international press to fly all the way to Indonesia for a little known fashion week. Let’s face it, London Fashion Week (LFW) and New York Fashion Week (NYFW) takes place around the same time as IFW and both those weeks are more appealing. Notwithstanding their long history, the designers at those shows are well-known and the fashion presented tends to be cutting edge; pushing the boundaries from fabric technology, and the latest celebrity crafted line. You know how the media (and maybe we all do deep down), love celebrity lines. Adding to this is the plethora of A-list to C-list celebrities who grace the shows with their presence, sitting in the front row.

Stack up IFW to all of that and it becomes clear why there is low international media coverage. Last year after meeting with the organisers, I brought this topic up with them and suggested that the date be changed, maybe even coinciding with Australia Fashion Week, so people in the region can simply hop over to Jakarta, a stone’s throw away, compared to a trip from New York.

Here comes 2013 and the show is once again held the same time as NYFW and LFW. A quick search of IFW 2013 will show very little international coverage. In fact, the Telegraph’s fashion article only mentions IFW in passing:

Meanwhile in Jakarta…

…Addy van den Krommenacker has been presenting his latest collection as part of the Indonesia Fashion Week. The Dutchman looks a bit like a ken doll crossed with Anthea Turner, but hair aside, we’ll stick with London, thanks. OB

Addy van den Krommenacker

No mention is made of the local designers who presented or the garments that went down the runway. I put it all down to bad timing. I still maintain that the IFW date should be changed. Local designers need to get maximum exposure in order to even have a chance at penetrating international markets. It could be the trade lawyer in me that sees the date as a big obstacle to trade. How can no one else see this as a problem?

You will recall my article on the competition in South East Asia for the fashion capital title, well Indonesia is going to have to step up its game in order to be a serious competitor. Changing the IFW date is one step in the right direction. There is no guarantee that a date change will increase media coverage, that is not what I am saying. It simply enhances the probability of getting more international coverage, and everyone prefers when the probability is stacked in their favour.

From your legal fashionista,

I am on a mission to make 2013 a great year, the year of the big 3-0. This year won’t be only about fashion and law on this website. I want to share all of me, what I am wearing, how life in the fashion lane is going and so much more. It will be the year of fun. Why? Well, because I am so much more and have been experiencing so much I want to share as I launch a new business with my colleague. I need to share these stories with you, just in case, you too move to Asia and want to set up shop, or maybe just to give you a few laughs.

I also have some new contributors and yes, we are still looking for contributors. I am also looking for a social media manager and graphic designer, so the content pops on this site.

We are going to have so much fun, I just know it!

From your legal fashionista,

At the Trade Expo I was able to meet a lady who makes this fabric, the good old fashion way.

A couple years ago, ikat was very much “en vogue”, a trend alert in Elle Decor’s April 2008 issue showed some of the uses of the fabric.

I hang ikat on my walls, use the fabric to make cushions and I am now thinking of getting a few bags made with this beautiful fabric. Ikat is never out of style as far as I am concerned.

From your legal fashionista,

AsianFashionLaw featured on B.A.F.F.L.E.D.

From your legal fashionista,

A new book by Kal Raustiala and Christopher Sprigman, captivated us recently. The book challenges the accepted notion that imitation is wrong. Regarding fashion, the duo found that copying actually allows the fashion industry to set trends and motivate consumers to buy more clothes.

What is Innovation? 

Innovation is the creation of better or more effective products, processes, services, technologies, or ideas that are readily available to markets, governments, and society. Innovation differs from invention in that innovation refers to the use of a better and, as a result, novel idea or method, whereas invention refers more directly to the creation of the idea or method of doing something different, rather than doing the same thing better.

Your thoughts? 

I am curious to know what you think. Even if you have not read the book – do you think imitation sparks innovation?

From your legal fashionista,

The US is demanding that Laos speed up the process to make their intellectual property law clearer before the country becomes a member of the WTO.

Laos hopes to become a WTO member by the end of this year (2012). Even though the US voted for Laos to become a member of the WTO, it prizes Intellectual Property Rights because it loses billions of dollars each year due to piracy. It wants to ensure therefore that Laos implements proper enforcement mechanisms to combat infringement.

The problem the US has is that the National Assembly approved the amended Law on Intellectual Property in 2 011 and the President promulgated it in early 2012. To become enforceable however, the Prime Minister will have to issue a decree, which provides officials with guidelines on how to put the law into practice. The Prime Minister is however unable to issue the decree because many of the articles in the amended Law on Intellectual Property are too general for the officials to make definitive decisions in relation to the law.

The clarification is taking too long for the US. With less than five months to go, there isn’t much time for Laos to drag their feet.

From your legal fashionista,

Japan

The Intellectual Property High Court in Tokyo recently heard the case of Perfetti Van Melle S. p.A. v Rakuten Co. Ltd. The court addressed the issue of whether Rakuten, a website organised like an “internet mall”, having numerous independent stores and dealers, could be liable for trademark infringement committed by those stores. The court dismissed the claim and held that Rakuten was not liable because the company removed the infringing goods within a reasonable time after learning of the infringement.

However, the court found that the threshold test for finding the administrator of an internet mall liable depends on whether the administrator receives commissions from the shops, has power or control over the shops and knows or should have known of the existence of trademark infringement byt he shops. If the test is satisfied then the administrator can be held liable for trademark infringement and subjected to pay damages and an injunction can be imposed.

Malaysia

Malaysia Intellectual Property Corporation implemented the Copyright (Voluntary Notification) Regulations 2012, which became effective on 1 June 2012. This new regulations allows authors to claim authorship which can be affixed to a physical or digital media for the following:

a. literary work;

b. artistic work;

c. musical work;

d. films;

e. sound recordings;

f. broadcasts; and

g. derivative work.

 New Zealand

The Intellectual Property Office of New Zealand (IPONZ) in May 2012 issued a discussion document relating to the trademark law amendments required to implement the Madrid Protocol system. For more about this system go here. 

Once implemented, filing can be done through IPONZ and an international registration designating the number of territories in which the registration should extend. An applicant will therefore acquire a bundle of rights, consisting of an international registration and protection in one or more designated countries. It is expected that this system will go live in December 2012.

Singapore

The Singaporean Parliament passed amendments to the Patents Act and other Intellectual Property related Acts on 14 May 2012. The amendments will become effective on a date to be selected by the minister.

Singapore is positioning itself to become the IP hub of Asia and these amendments it is believed will help it to do just that. You can read more about the amendments here.

1. Your employees are people too. Listen, everyone loves social network sites, research has shown that people love getting “likes” on Facebook. Do not think for a minute that your employees don’t like getting “likes” as well. They also like getting retweets and participating in other social activities. Just because they work for you doesn’t mean that they are going to quit those habits – habits they probably had before you hired them. What you can do is implement a policy that addresses the hours that can be spent on social networking sites or the type of sites that can be visited. Some companies, for example, encourage their employees to go on Linkedin and not Facebook during working hours.

2. The risks are real. For the most part, you might not know what your employees are posting online, that is of course, unless you subscribe to them. Most employees are not aware that what they are posting can get them fired or is inappropriate (otherwise, they probably would not do it). It is best to have a policy that outlines the Dos and Don’ts.

What you want in the policy is up to you. However, a few things you should consider are:

1. There are privacy settings available on every social networking website.

2. Employees can only monitor what’s under their control, for example their own tweets.

3. The procedure to deal with employees who engage in an online brawl with other employees of the business.

6. Social media if used correctly can promote your business. You should consider authorising certain individuals to use social networking sites on behalf of the company.

7. Remember national laws and laws relating to personal privacy.

8. Compliance must be monitored.

In two recent Australian cases (Stutsel v Linfox Australia [2011] FWA 8444 and Margelis v Alfred Health [2012] FWA 5390) it was highlighted that businesses need to address the use of social networking sites by employees. The former case suggested that employees can be asked to make their Facebook pages private, visible only to friends and family.

Take charge of your online presence and how you want your brand to be perceived online!

From your legal fashionista,

We all know Egypt is having a hard time financially and had to make budgetary cuts despite protests and public outcry. It appears that the cuts have gone as far as to affect the gear provided for the country’s Olympic team.

It was reported that the workout bags the team received had the big Nike logo on the front, but the zippers has Adidas branding on them. Leading to the conclusion that the gear was fake. The Egyptian Olympic Committee (EOC) secretary general, Motaz Sonbol commented that they were shocked to find that the gear was not from Nike. In fact, Nike stated that it was concerned that the team may have received products that do not meet the company’s quality standards.

In a bid to save money, the EOC bought the goods from a sports gear vendor who supplied them with the fake goods. The EOC claims it did not know the vendor would supply them with fake goods, but everyone knows that you buy Nike goods from a reputable well-known Nike vendor.

In fact, for such a big event (its the Olympics after all), shouldn’t the EOC have contacted Nike directly to work out a deal for its Olympic team? Instead, according to the EOC, they bought the goods from a Chinese distributor to save on costs. Trying to blame your lack of due diligence on the Chinese, Egypt? A very sad story indeed, but the principle remains, buyers please beware!

From your legal fashionista,

Singapore's Merlion

Singapore’s Merlion is well known, recognisable and loved by all. This however did not stop Chinese brand Funnchy from adopting the Merlion as its logo. The use of the Merlion logo is restricted under the Singapore Tourism Board Act. According to the literature on Funnchy, the brand adopted Singapore’s national standard “Merlion”.

This company information was taken from CBAMD.com:

Hermes Industrial Co., Ltd. Guangzhou was established in 2002, is a set design, mass production, brand management, clothing management services as one of the specialized companies. The company has a good product innovation and development capabilities, a complete product line, product quality elegant fashion, fine craftsmanship, Hermes Industrial Co., Ltd. in Guangzhou

Funnchy's logo

City, the management process improvement, service quality, in China’s leather industry has a good reputation, and has gradually development of China’s most powerful, best professional brand management companies. Hermes Industrial Co., Ltd. in Guangzhou City, which owns many brands, which by the British Union (Overseas) Investment Co., Ltd. an exclusive license of the “Van Chi” the most outstanding brand, its logo from the Singapore’s national standard “Merlion”, on behalf of Victory successful, the royal and resolute and unyielding. Excellence in selected materials, raw materials and some of the products are from Germany, Italy, Britain and other countries, so in terms of style, pattern, wove the fabric on the pursuit of the best match. Enterprises to “a strong, high-quality products, perfect service, unified image of the plan” to win the customers’ approval and pro-love, is now set up a huge domestic market, sales network, and in the minds of consumers to establish a high visibility and reputation. Hermes Industrial Co., Ltd. in Guangzhou City, a strong design team every year and from Europe, America, Japan and South Korea, Hong Kong and other fashion Holy Land, collecting the latest fashion information, to meet customers’ different needs of work and life. Today, Guangzhou Hermes Industrial Co., Ltd. already has a strong brand overall planning, integrated marketing and promotion capabilities. To create a professional domestic and international brand management company is Guangzhou Industrial Co., Ltd. always adhere to the Hermes development goals. Looking ahead, we believe, with their many years of leather goods, shoes and other product development and production, marketing, management, and efficient services to the Shen Yun experience and forge ahead, the spirit of mutual beneficial cooperation, the development of Hermes Industrial Co., Ltd. will create even greater glory. In 1868, out of his campaign in the heard of the beautiful and mysterious “Merlion” the wistful, Fitzroy – Marshal in the Royal Navy “Merlion” logo as their design and production of high quality boots identity, FUNNCHY (Van Chi ) turned come out. With the integration of leading design and superb craftsmanship, FUNNCHY (Vatican Chi) won a bit of appreciation for distinguished guests, FUNNCHY symbol of victory, the success of the “Merlion” signs quickly become Europe’s high society talked about the new totem . Handmade is FUNNCHY (Vatican Chi) the most proud of the tradition, but also to ensure their pursuit of noble blood. Compared with the modern shoe production lines, FUNNCHY (Vatican Chi) still retains the old artisan production methods, the use of strict hand-made solid Technicolor process, making highlight men’s shoe boutique quality and style, all FUNNCHY (Van Chi) solid Technicolor process by experienced leather craftsmen hand-made. Most of the craftsmen have over 20 years of experience, shoe-making technology from generation to generation, process tempered, quality perfect. 1903 to meet the needs of multi-valued customers, FUNNCHY (Vatican Chi)-rich product line by introducing handbags, belts, luggage and other products, FUNNCHY (Vatican Chi) fashion empire gradually established.

Something else should stick out to you- the use of the name “Hermes”. The literature states that:

Hermes Industrial Co., Ltd. Guangzhou was established in 2002, is a set design, mass production, brand management, clothing management services as one of the specialized companies.

Hermes as we know, is a well known French luxury fashion brand. Let’s assume that it is not the same company being mentioned here.

From your legal fashionista,