THIS IS A CASE STUDY CASTING A STORY..

COLLAPSE

INDUSTRY LEADER

BRIMFUL DESIGNS
Small entrepreneurial textile design studio based in Lahore. Formed in 1998 by Mr. Yahsir Waheed under The Companies Act 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 the Yahsir label

HAPPY YEARS 1999-2002

MR. YASHIR WAHEED

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 on inferior quality material.

These fake copies were sold under various labels at 1/3rd of the price of the original product.
Open use of Yahsirs printed catalogues by salesmen to sell the fakes in retail cloth shops brought confusion to Brimfuls loyal customers. The availability of cheap fakes created discontent and agitation among clients, resulting in negative customer perception of the Yahsir label, a rapid decline 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.

INTELLECTUAL PROPERTY HOPE FOR SURVIVAL

Brimfuls financial 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 Medium Enterprise Development Authority (SMEDA). In this program, Brimful sought counsel from an Intellectual Property (IP) expert who advised them to seek protection under the Industrial Design Ordinance 2000 (2000 Ordinance) and to undertake timely registration of their designs to expedite procedures against design infringers. After consultation, Brimful decided to register its designs under the 2000 Ordinance to deter infringers and provide an avenue for legal recourse.

INDUSTRIAL DESIGN VS COPYRIGHTS

INDUSTRIAL DESIGN ORDINANCE2000 COPYRIGHT ACT 1992

It provides protection to owners of textile or other industrial designs for ten years and is renewable twice for ten years each, thus giving a total of thirty years of protection.

While designs can also be registered under the Copyrights (Amendment) Act of 1992, section 12 of the Copyrights Ordinance specifically says that if the design is reproduced mechanically more than 50 times then copyright protection does not hold.

Hence, the most appropriate legal title to protect Brimful industrial designs is the 2000 Ordinance. Since 2004 all Yahsir designs have been registered under the 2000 Ordinance.

IP ENFORCEMENT
Effective enforcement of their protection rights became essential for Brimfuls continued 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, in 2004 the authorities raided shops selling fake Yahsir prints and seized their stock. Subsequent efforts in 2005 and thereafter have resulted in significant curtailing of the production of fake Yahsir products.

IP ENFORCEMENT (CONT..)
While the infringers are no longer replicating Brimfuls exact designs, copies are still being made that are close enough to confuse buyers. The process of obtaining and implementing a court injunction takes excessively long, and Brimful would like to see punitive action taken by the authorities against IP violators in the textile sector to further deter copying. However, despite these challenges Brimful believes that design registration and enforcement still holds its merit and is the foundation to a conscious and concerted effort against violators.

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 global brand. 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 and resulting popular designs continue to establish it as a strong player in the market.

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 protection through registering its designs. Doing so allowed it to significantly reduce the copying of its designs, regain customer and industry confidence. Though it still faces challenges, Brimful has gone from near collapse to a significant force in the fashion industry.