Protecting Creativity in Fashion Design - US Laws, EU Design Rights, and Other Dimensions of Protection (Paperback)

Exploring the debate over the benefits of legal protection for fashion design, this book focuses on how a combination of minimal legal protections for design, evolving social norms, digital technology, and market forces can promote innovation and creativity in a business known for its fast-paced remixing and borrowing. Focusing on the advantages and disadvantages of the main US and EU IP laws that protect fashion design in the world's biggest fashion markets, it describes how recent US case law in copyright and trademark cases has led to misaligned incentives for the industry and a lack of clear protection, while in the EU, the CJEU's interpretation of the pan-European design rights system has created significant overlap with copyright law and risks leading to the overprotection of design. The book proposes that creativity and innovation in fashion derive some benefit from a limited unregistered design right protection and that cumulation with copyright protection is unhelpful. It also proposes that there is a larger role for developing social norms relating to sustainability, the ethics of cultural appropriation, and the online shaming of counterfeiters, that can also help create a fair equilibrium between protection and borrowing in fashion design.

General

Imprint:	Routledge
Country of origin:	United Kingdom
Series:	Routledge Research in Fashion Law
Release date:	March 2023
First published:	2023
Authors:	Susanna Monseau
Dimensions:	234 x 156mm (L x W)
Format:	Paperback
Pages:	208
ISBN-13:	978-0-367-54934-3
Categories:	Books > Arts & Architecture > Industrial / commercial art & design > Fashion design Books > Law > Jurisprudence & general issues > Law & society Books > Social sciences > Sociology, social studies > Social institutions > Customs & folklore > Costume, clothes & fashion Books > Business & Economics > Industry & industrial studies > Service industries > Fashion & beauty industries > General Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Intellectual property, copyright & patents
LSN:	0-367-54934-4
Barcode:	9780367549343

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