Protecting Creativity in Fashion Design: US Laws, EU Design Rights, and Other Dimensions of Protection

This book explores the debate over the benefits of legal protection for fashion design, arguing that minimal legal protections, evolving social norms, digital technology, and market forces can promote innovation and creativity. It proposes a limited unregistered design right protection and a larger role for developing social norms relating to sustainability, ethics of cultural appropriation, and online shaming of counterfeiters.

Format: Hardback
Length: 170 pages
Publication date: 17 March 2023
Publisher: Taylor & Francis Ltd

Exploring the ongoing debate surrounding the merits of legal protection for fashion design, this comprehensive book delves into the intricate interplay of minimal legal safeguards, evolving societal attitudes, digital technology, and market dynamics. Focusing on the benefits and challenges of the primary IP laws governing fashion design in the world's largest fashion markets, namely the United States and the European Union, it sheds light on how recent US case law in copyright and trademark cases has created misaligned incentives for the industry, resulting in a lack of clear protection. On the other hand, the CJEU's interpretation of the pan-European design rights system has led to significant overlap with copyright law, posing risks of overprotection in the EU.

The book proposes that while a limited unregistered design right protection can contribute to creativity and innovation in fashion, the combination of copyright protection is less beneficial. Additionally, it suggests that there is a greater need for developing social norms that address sustainability, the ethics of cultural appropriation, and the online shaming of counterfeiters, all of which can help establish a fair equilibrium between protection and borrowing in fashion design.

This thought-provoking exploration of the complex dynamics within the fashion industry offers valuable insights for policymakers, industry professionals, and scholars alike, as they seek to navigate the delicate balance between safeguarding intellectual property rights and fostering a vibrant and dynamic creative ecosystem.

Weight: 500g
Dimension: 234 x 156 (mm)
ISBN-13: 9780367549299