This is a print on demand edition of a hard to find publication. Under current intellectual property laws, industrial designs (ID) may potentially be protected through design patents, trade dress, and copyright. In addition, the Vessel Hull Design Protection Actestablished a specialized, or sui generis, intellectual property right for the protection of boat hull designs. Some experts argue that the present intellectual property regime does not adequately protect ID. Contents of this report: (1) ID and Intellectual Property: Copyright; Trade Dress; Design Patents; Vessel Hull Design Protection; (2) Current Issues in ID Protection: Intellectual Property Rights in Fashion Designs; U.S. Adherence to the Hague Convention; Auto Spare Parts; Judicial Developments Concerning ID Patents; (3) Issues in Innovation and Competition.

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.

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.

Hanns Ullrich, this highly renowned legal scholar, has had a tremendous influence on legal research and the development of the law in the fields of both Technology and Competition. His expertise dates back to the late 1970s and early 1980s, when he served as a member of the research staff at the Max Planck Institute for Intellectual Property in Munich. In 1985, he became professor of law at the "Universität der Bundeswehr", Munich, and finally, in 2000, professor at the european University Institute, florence. He has acted as visiting professor at a number of Universities around the worldincluding, in particular, the College of Europe, Bruges. The authors of the contributions in this book feel greatly indebted to Hanns Ullrich. Much earlier than others, he recognised and explained that, in the absence of pressure from competition, intellectual property will not be able to fulfil its mission of enhancing innovation. In concentrating on the fields of interest of this eminent scholar, the contributions address a number of the most burning issues of the regulation of intellectual property, competition law and, of course, the application of competition law to IP-related cases.

In todays' 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 a 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, 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~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 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.

The WIPO Magazine explores intellectual property, creativity and innovation in action across the world.

Brings together stories, theories, and research that can further inform the ways in which writing teachers situate and address intellectual property issues in writing classrooms. The essays in the collection identify and describe a wide range of pedagogical strategies, consider theories, present research, explore approaches, and offer both cautionary tales and local and contextual successes.