Intellectual Property Rights Copynorm And The Fashion Industry
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Intellectual Property Rights, Copynorm and the Fashion Industry by Marlena Jankowska Pdf
This book traces the development of the fashion industry, providing insight into the business and, in particular, its interrelations with copyright law. The book explores how the greatest haute couture fashion designers also had a sense for business and that their attention to copyright was one of the weapons in protecting their market position. The work also confronts the peculiarities of the fashion industry as a means of demonstrating the importance of intellectual property protection while pointing out the many challenges involved. A central aim is to provide a copyrightability test for fashion goods based on detailed analysis of the legal regulations in the USA and EU countries, specifically Italy, France, the Netherlands, Germany and Poland. The book will be of interest to researchers and academics working in the areas of Intellectual Property Law, Copyright Law, Business Law, Fashion Law and Design.
French copyright law and the pursuit of fashion elegance: protection of fashion design by Marlena Jankowska,Miriam Meghaichi-Mimouni,José Geraldo Romanello Bueno,Mirosław Pawełczyk Pdf
Step into the pulsating heart of contemporary fashion law as Volume 11 of the Series of the Center for Design, Fashion, and Advertisement Law (University of Silesia in Katowice) unfolds its pages. With a focus on France, the epitome of haute couture, immerse yourself in the rich tapestry of French copyright law as it interplays with the vibrant world of fashion. From renowned fashion houses to cutting-edge designers, explore captivating case studies that illuminate the intricate dance between creativity and legal protection. Delve deep into the nuances of copyright law, gaining invaluable insights into the legal landscape shaping the future of fashion. Join us on this enlightening expedition as we uncover the legal fabric that weaves together the threads of innovation, culture, and style at the forefront of the fashion universe.
French copyright law and the pursuit of fashion elegance: lost jewels of haute couture by Marlena Jankowska,Miriam Meghaichi-Mimouni,Mirosław Pawełczyk,José Geraldo Romanello Bueno Pdf
Step into the world where fashion meets law, where innovation intertwines with tradition, and where haute couture unveils its secrets. In the 10th volume of the Series of the Center for Design, Fashion, and Advertisement Law (University of Silesia in Katowice), embark on a journey that delves deep into the long-forgotten haute couture ateliers. From groundbreaking marketing strategies to pioneering legal frameworks, from intricate technical designs to unparalleled branding techniques, this volume uncovers the multifaceted innovations that have shaped the landscape of fashion and beyond. Join us as we explore the intersection of creativity and legality, where every stitch tells a story of ingenuity and inspiration.
The New Frontiers of Fashion Law by Rossella Esther Cerchia,Barbara Pozzo Pdf
Fashion law encompasses a wide variety of issues that concern an article of clothing or a fashion accessory, starting from the moment they are designed and following them through distribution and marketing phases, all the way until they reach the end-user. Contract law, intellectual property, company law, tax law, international trade, and customs law are of fundamental importance in defining this new field of law that is gradually taking shape. This volume focuses on the new frontiers of fashion law, taking into account the various fields that have recently emerged as being of great interest for the entire fashion world: from sustainable fashion to wearable technologies, from new remedies to cultural appropriation to the regulation of model weight, from advertising law on the digital market to the impact of new technologies on product distribution. The purpose is to stimulate discussion on contemporary problems that have the potential to define new boundaries of fashion law, such as the impact of the heightened ethical sensitivity of consumers (who increasingly require effective solutions), that a comparative law perspective renders more interesting. The volume seeks to sketch out the new legal fields in which the fashion industry is getting involved, identifying the new boundaries of fashion law that existing literature has not dealt with in a comprehensive manner.
Fashion knockoffs are everywhere. Even in the out-of-the-way markets of highland Guatemala, fake branded clothes offer a cheap, stylish alternative for people who cannot afford high-priced originals. Fashion companies have taken notice, ensuring that international trade agreements include stronger intellectual property protections to prevent brand “piracy.” In Regulating Style, Kedron Thomas approaches the fashion industry from the perspective of indigenous Maya people who make and sell knockoffs, asking why they copy and wear popular brands, how they interact with legal frameworks and state institutions that criminalize their livelihood, and what is really at stake for fashion companies in the global regulation of style.
Using Design Protection in the Fashion Industry by Ulla Vad Lane-Rowley Pdf
Writing with inside knowledge of the fashion industry, and with authoritative source material, the author has prepared a practical direct guide to the concerns of the industry. The text is clear and concise with numerous case studies.
Protecting Creativity in Fashion Design by Susanna Monseau Pdf
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.
Why We Can't Have Nice Things by Minh-Ha T. Pham Pdf
In 2016, social media users in Thailand called out the Paris-based luxury fashion house Balenciaga for copying the popular Thai “rainbow bag,” using Balenciaga’s hashtags to circulate memes revealing the source of the bags’ design. In Why We Can’t Have Nice Things Minh-Ha T. Pham examines the way social media users monitor the fashion market for the appearance of knockoff fashion, design theft, and plagiarism. Tracing the history of fashion antipiracy efforts back to the 1930s, she foregrounds the work of policing that has been tacitly outsourced to social media. Despite the social media concern for ethical fashion and consumption and the good intentions behind design policing, Pham shows that it has ironically deepened forms of social and market inequality, as it relies on and reinforces racist and colonial norms and ideas about what constitutes copying and what counts as creativity. These struggles over ethical fashion and intellectual property, Pham demonstrates, constitute deeper struggles over the colonial legacies of cultural property in digital and global economies.
European Fashion Law: A Practical Guide from Start-up to Global Success provides an accessible guide to the legal issues associated with running a fashion business in Europe. This concise book follows the lifecycle of a fashion business from protecting initial designs through to global expansion. https://www.europeanfashionlaw.com/about-the-book
Fashion Law by Guillermo C. Jimenez,Barbara Kolsun Pdf
In today's highly competitive global market, fashion designers, entrepreneurs, and executives need state, federal, and international laws to protect their intellectual property-their brands and the products by which their customers recognize them. Fashion Law provides a concise and practical guide to the full range of legal issues faced by a fashion company as it grows from infancy to international stature. Updated to reflect recent legal decisions and regulatory developments, this revised edition covers such vital issues as intellectual property protection and litigation, licensing, anti-counterfeiting, start-ups and finance, commercial transactions, retail property leasing, employment regulations, advertising and marketing, celebrity endorsements, and international trade. Features of the text help to make legal concepts accessible to the lay reader. More than 25 leading attorneys practicing in the emerging legal specialty of fashion law contributed the chapters for this authoritative text, and their expertise provides a foundation for fashion professionals and their legal advisors to work together effectively. New to this Edition -Expanded section on Intellectual Property protection, including an all new Chapter 6 on Litigation -All new Chapter 10 on Fashion Finance Features Features -Box Features provide real-life examples that demonstrate the role that law plays in the fashion business, including landmark court cases and current events -Practice Tips discuss legal issues that should be considered as fashion designers and executives establish procedures for conducting their business -Sample Clauses familiarize readers with the legal language that covers the rights and responsibilities of the parties to agreements -Instructor's Guide and PowerPoint® presentations available.
Fashion Law and Business by Lois F. Herzeca,Howard S. Hogan Pdf
FASHION LAW AND BUSINESS unravels the complexity and provides clear guidance on the wide range of legal and business issues faced by fashion industry participants, including designers, suppliers, manufacturers of apparel and accessories, and retailers. Topics include: The considerations involved in starting a company in the fashion industry, including developing a business plan, determining the form and structure of the legal entity, and obtaining financing; How patent, trademark, and copyright law have been applied to the fashion industry and their impact in such areas as gray market goods and counterfeiting. The dynamics of retail sales in the apparel industry, including a discussion of e-commerce and mobile commerce. FASHION LAW AND BUSINESS provides you with an integrated, comprehensive guide to the issues affecting the fashion industry today.
Navigating Fashion Law provides an authoritative, insiders perspective on working with fashion clients to build, protect, and expand their business. Featuring experienced fashion law practitioners, this book guides the reader through the legal side of the fashion industry, including the origins of this area of law, recent trends, and forecasts for the future. From intellectual property and employment to real estate and mergers and acquisitions, these top lawyers detail the multidisciplinary issues that lawyers face, and present strategies for dealing with them. With advice that applies to both start-ups and established brands, these authors discuss how to understand a clients business, negotiate licensing deals, and protect trademarks. These experts also analyze noteworthy case law, such as the Louboutin Red Sole case, and controversial legislation, such as the Innovative Design Protection and Piracy Prevention Act. Additionally, these leaders reveal concrete tips for becoming a successful fashion lawyer and developing the skills necessitated by the demands of fashion clients and the ever-evolving fashion industry. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this competitive field.
The Intellectual Property of Textiles and Fashion: From the Medieval Loom to the New York Fashion Week by Nuno Pires de Carvalho Pdf
Rampant global counterfeiting has led the fashion industry to seek ever greater enforcement of its intellectual property (IP) rights. Yet, as this hugely informative book shows, this is not new. Fashion designers and entrepreneurs, as well as manufacturers and tradespeople in the broader textiles industry from which fashion springs, have always struggled to convert existing IP rules to an industry that was--and is--configured by the pressure of intrinsically fleeting consumer tastes and trends. The distinguished author, adding to the series of major works that have made him a leading authority on IP law, triumphantly reveals in great detail how society has constructed IP in association with textiles so as to accommodate it to the particular characteristics of fashion that emerged in the last century. More than two hundred sources, many of them for the first time available in English, illustrated with fifty figures, allow the reader to directly encounter those who have made and continue to make the IP of textiles and fashion. The underlying raisons d'être of such aspects as the following become brilliantly clear: how fashion designers protect their creations against the spread of knock-offs; how fashion entrepreneurs appropriate prestige and reputation; how an iconic design becomes a brand or acquires secondary meaning; and how such inventions as the sewing machine and the cotton gin affected IP rights in textiles and fashion. Each source is preceded by a note placing it in its social, economic, and legal context. The sources are structured in two chapters (business identifiers--trade and certification marks, geographical indications--and appropriation of knowledge and creativity--patents, designs, copyright, and trade secrets) so as to permit an easy understanding of the enchainment of important moments that have contributed to give IP for textiles and fashion its special configuration, in particular the transition from textile law to fashion law. With this book, listening directly to the voices of those who have made and make IP, academics, students, magistrates, professionals, and the legal community as a whole will have a clear and realistic sense of how the combination of the entrepreneurial spirit with the imperatives of human consumption has designed and continues designing the special scope and limits of IP as applied to textiles and fashion.
The New Frontiers of Fashion Law by Rossella Esther Cerchia,Barbara Pozzo Pdf
Fashion law encompasses a wide variety of issues that concern an article of clothing or a fashion accessory, starting from the moment they are designed and following them through distribution and marketing phases, all the way until they reach the end-user. Contract law, intellectual property, company law, tax law, international trade, and customs law are of fundamental importance in defining this new field of law that is gradually taking shape. This volume focuses on the new frontiers of fashion law, taking into account the various fields that have recently emerged as being of great interest for the entire fashion world: from sustainable fashion to wearable technologies, from new remedies to cultural appropriation to the regulation of model weight, from advertising law on the digital market to the impact of new technologies on product distribution. The purpose is to stimulate discussion on contemporary problems that have the potential to define new boundaries of fashion law, such as the impact of the heightened ethical sensitivity of consumers (who increasingly require effective solutions), that a comparative law perspective renders more interesting. The volume seeks to sketch out the new legal fields in which the fashion industry is getting involved, identifying the new boundaries of fashion law that existing literature has not dealt with in a comprehensive manner.
