The Handbook of Fashion Law

Description

Over the past few years, 'fashion law' has emerged as a vibrant field of inquiry. The legal and policy issues affecting the fashion sector have been investigated with increasing intensity, while a growing number of private practice lawyers and in-house counsel regard themselves as practising fashion law. But what is fashion law? And what are the specific legal challenges facing the fashion sector, as well as related solutions? The Handbook of Fashion Law seeks to answer these questions by bringing together multiple voices, approaches, and jurisdictions. Its contributions are organized into four thematic areas. Part I considers the legal infrastructure of the fashion and luxury industries, addressing issues related to intellectual property (IP) as well as the demands of the circular economy, protection of cultural heritage, and freedom of expression and information. Part II maps the IP dimensions of fashion by reviewing the application of design rights, copyright, trade marks, geographical indications, plant variety rights, and trade secrets. Part III analyses specific contractual issues arising in the fashion sector. It examines the application of principles and rules found in regulatory frameworks, including those governing advertising, competition, consumer, and tax laws. Finally, Part IV dissects and evaluates the role of new and emerging technologies in the fashion sector from a legal perspective. It considers concepts such as e-commerce, 3D printing, counterfeiting, artificial intelligence, non-fungible tokens (NFTs), the metaverse, gaming, and wearable technology. The Handbook of Fashion Law offers readers a multidisciplinary and multijurisdictional understanding of legal challenges facing the fashion sector. Bringing together a diverse range of experts, its contributions offer readers an in-depth, critical, and strategic understanding of the fashion industry's legal intricacies. Cover Half Title Title Page Copyright Page Foreword Contributors Introduction: The Rise and Consolidation of Fashion Law as a Field of Practice, Study, and Research Part I - The (Developing) Infrastructure of the Fashion and Luxury Industries: Intellectual Property and Beyond 1. The Legal Protection of Fashion as Intellectual PropertyAn International Perspective 2. Cross-Border Enforcement of IP Rights in the Fashion Sector 3. The Role, Responsibility, and Liability of Online Intermediaries under EU IP Law 4. Intellectual Property, Sustainability, and the Circular Economy: Friends or Foes in the Fashion Industry? 5. Fashion Waste, Trade Mark Protection, and the Circular Economy: Towards a New Public Domain for Sustainable Reuse 6. The Rise and Lawfulness of Fast Fashion 7. Design and FashionProcrustean Metaphors in Intellectual Property Law 8. The Cultural Heritage and Cultural Appropriation of Fashion Assets 9. Fashion StatementFreedom of Expression and Trade Marks Part II - Protecting Fashion: Mapping the Intellectual Property Dimension 10. Using Design Law to Protect Inventive Fashion in the UK and EU 11. Design Patents in the Fashion Industry: A US Perspective 12. Works of Artistic Craftsmanship in Post-Brexit UK 13. The ‘Artistic Value’ Requirement in Italy After Cofemel 14. The Treatment of Works of Applied Art under Portuguese Law in the Post-Cofemel Era 15. Prêt-à-Protect or Prêt-à-Copy? Fashion Copyright in the United States 16. The Protection of Well-Known Fashion Trade Marks 17. Legal Protection of Luxury Fashion Brands Under EU Trade Mark Law 18. Non-Traditional Fashion Trade MarksTo Protect or Not to Protect? Comparative Examples 19. The Practical Challenges of Obtaining and Maintaining 3D Trade Mark Registrations from an EU Perspective 20. Geographical Indications in the Fashion Industry: Safeguarding Knowledge and Culture or Fuelling Trade Unfair Competition? 21. Patents in the Fashion Industry 22. Plant Variety Rights for Sustainable Fashion 23. Fast Secrets: Trade Secrets in Fashion Part III - Contractual, Competition, and Regulatory Issues in the Fashion Industry 24. Licensing and Merchandising of Fashion Assets 25. Collaborations of (or with) Well-Known Trade Marks in the Luxury Fashion Field 26. Contracts of Creative Fashion Workers 27. Competition Law and the Fashion Industry: Limits to Brand Management 28. Regulatory and Legal Considerations Relating to Influencer Marketing from a UK Perspective 29. Misleading and Comparative Advertising in the Fashion Industry 30. Greenwashing and Sustainability Claims 31. Consumer Protection in the Fashion Industry from an EU Perspective 32. Building a Successful Fashion Brand: A Corporate and Tax Law Perspective Part IV - Tech and Fashion: Legal Challenges and Solutions 33. e-Commerce Trends and Data Protection Issues in the Fashion Industry 34. Legal Implications of 3D Printing in Fashion 35. Counterfeiting: Technological and Legal Tools 36. ‘Algorithm Fashion’: An EU Perspective on Copyright-Related Challenges 37. The Impact of Artificial Intelligence on the Fashion Sector: A Moral Rights’ Perspective 38. Fashion Brands in the Metaverse: Legal and Policy Implications 39. Fashion Tokens 40. Fashion, Gaming, and Intellectual Property 41. Giving Surveillance Capitalism a Makeover: Wearable Technology in the Fashion Industry and the Challenges for Privacy and Data Protection Law Index