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Fashion is a multi-billion-dollar global business, which is not surprising because of our basic need to wear clothes and shoes. The fashion system thrives on ephemerality, novelty, seduction and hedonism. There are countless books on intellectual property law, numerous books on fashion theory, and a few books on fashion law, but hardly any on fashion and intellectual property. This book assembles a constellation of some of the best-known intellectual property scholars around the world to present their analysis of how different aspects of intellectual property laws interact with and regulate the fashion industry. It presents a meticulously curated collection of how intellectual property laws interact with contemporary fashion and culture studies in protecting fashion creations that range from clothing and footwear to textiles. It covers key features of intellectual property rights regimes in the United States, United Kingdom, Europe, Australia, and Asia that include copyright, trademarks, patents and geographical indications. This title is also available as open access on Cambridge Core.
List of contents
Part I. Theoretical Frameworks: 1. Fashion, post-postmodernism and intellectual property David Tan; 2. Intellectual property law and the dream of post-scarcity society Barton Beebe; Part II. Intellectual Property Rights - Copyright, Trade Marks, Patents and Registered Designs: 3. Fashion's function in intellectual property law Christopher Buccafusco and Jeanne C. Fromer; 4. Shape trade marks are in fashion: a study of footwear and sneakers in Australia Vicki Huang; 5. Non-Traditional trade marks (NTTMs), distinctiveness and the fashion industry Susanna H. S. Leong and Irene Calboli; 6. Utility patents and the fashion industry Roger Allan Ford; 7. Barriers to enforcing design rights over fashion in the United Kingdom Robert Burrell and Emily Hudson; Part III. Current Trends: 8. Fashion upcycling and trademark infringement - a circular economy/freedom of the arts approach Martin Senftleben; 9. Shanzhai fashion and intellectual property in China Jyh-An Lee and Jingwen Liu; Part IV. Looking Ahead: 10. Threads that last: geographical indications for textiles Dev S. Gangjee; 11. Culture appropriation and the global fashion industry Kal Raustiala and Christopher Jon Sprigman; Index.
About the author
David Tan is the Co-Director of the Centre for Technology, Robotics, Artificial Intelligence & the Law and Head (Intellectual Property) at the EW Barker Centre for Law & Business at the Faculty of Law, National University of Singapore. He has published over 100 articles, comments, book chapters and op-eds.Jeanne C. Fromer is the Walter J. Derenberg Professor of Intellectual Property Law and Co-Director of the Engelberg Center on Innovation Law & Policy at New York University School of Law. She publishes broadly about all areas of intellectual property and has co-written a widely-adopted open-source textbook on copyright law.Dev S. Gangjee is presently Director of the Oxford IP Research Centre, with research interests in trade marks and brands, geographical indications (GIs), copyright and the protection of data. He wishes he had spent a little less time researching GIs and a little more time enjoying them.
