Intellectual Property Rights, Copynorm and the Fashion Industry A Comparative Analysis

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.

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Preface: the why

1 What is fashion? How social and cultural norms make the world of fashion glimmer and mesmerise

2 House of sartorial genius? History of imitation in the modern fashion industry

3 Fashion as creativity- and emotions-intensive sector. Business perspectives and intellectual property strategies

4 Copyrightability of fashion design in US and EU law: in search of a copynorm

5 Coloured by emotions: craft quality and seductive quality. Originality test revisited

Marlena Jankowska is an international lawyer specialising in intellectual property law and business, with a particular interest in fashion, sustainability and supply chains. She is an author, an advocate, a professor of Law and Director of the Center for Design, Fashion and Advertisement Law at the University of Silesia in Katowice, Poland. She is also Director of Intellectual Property Department with Pawełczyk legal office, Warsaw-Katowice. She advises on Intellectual Property and Business Law as well as Brand and Supply Chain Management.