van Caenegem and Atkinson, ‘Observing creativity in fashion: implications for copyright’

“We are interested in the intersection between IP and fashion design. We have addressed theoretical and comparative issues in this sphere in previous publications concerning copyright, designs, trade marks and unfair competition law. The role of IP in fashion has been controversial at the most general conceptual and policy level. Sprigman and Raustiala have posited that IP rights (IPRs) have no useful role to play in encouraging creativity in fashion as in the USA the creative churn is already very intense in the near absence of IPRs. Their thesis has been countered by others, but there is no telling empirical evidence to support definitive conclusions either way. The relevance of the broader conundrum is not confined to the fashion industry …”

William van Caenegem and Violet Atkinson, Observing creativity in fashion: implications for copyright, Journal of Intellectual Property Law and Practice, Published: 1 December 2021.

First posted 2021-12-06 19:00:12

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