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: Paperback / softback
Length: 170 pages
Publication date: 17 March 2023
Publisher: Taylor & Francis Ltd

Exploring the contentious issue of legal protection for fashion design, this comprehensive book delves into the interplay of minimal legal safeguards, evolving societal attitudes, digital technology, and market dynamics to foster innovation and creativity within the fast-paced fashion industry renowned for its relentless remixing and appropriation. By examining the benefits and drawbacks of the primary IP laws governing fashion design in the world's largest fashion markets, the book sheds light on how recent US case law in copyright and trademark cases has created misaligned incentives and a lack of clear protection. Meanwhile, in the EU, the CJEU's interpretation of the pan-European design rights system has resulted in significant overlap with copyright law, potentially leading to overprotection of design.

The book proposes that a limited unregistered design right protection can contribute to creativity and innovation in fashion, while the cumulative effect of copyright protection is less beneficial. Additionally, it advocates for the development of social norms surrounding sustainability, cultural appropriation ethics, and online shaming of counterfeiters as means to establish a more equitable balance between protection and borrowing in fashion design.

This thought-provoking exploration of the legal landscape surrounding fashion design offers valuable insights into the complex dynamics between intellectual property, creativity, and the evolving fashion industry. By examining the interplay between legal safeguards, social norms, and market forces, the book provides a roadmap for policymakers, industry professionals, and fashion enthusiasts alike to navigate the challenges and opportunities of protecting fashion design in the digital age.

Weight: 300g
Dimension: 233 x 155 x 14 (mm)
ISBN-13: 9780367549343