The Handbook of Fashion Law

Erscheinungsjahr 2025
ISBN: 978-0-19-893889-7
Verlag: Oxford University Press

Buch, Englisch, 880 Seiten, Format (B × H): 179 mm x 250 mm, Gewicht: 1824 g

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.

Autoren/Hrsg.

Weitere Mitwirkende

Rosati, Eleonora

Calboli, Irene

Fachgebiete

• Rechtswissenschaften Wirtschaftsrecht Gewerblicher Rechtsschutz Patentrecht, Gebrauchs- und Geschmacksmusterrecht, Designrecht
• Sozialwissenschaften Soziologie | Soziale Arbeit Spezielle Soziologie Sachkultur, Materielle Kultur

Inhaltsverzeichnis

- Foreword

- 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: Tobias Bednarz and Galatea Kapellakou: The Legal Protection of Fashion as Intellectual Property: An international perspective

- 2: Giovanni Casucci: Cross-border Enforcement of IP Rights in the Fashion Sector

- 3: Eleonora Rosati: The Role, Responsibility, and Liability of Online Intermediaries under EU IP Law

- 4: Irene Calboli and Margherita Corrado: Intellectual Property, Sustainability, and the Circular Economy: Friends or foes in the fashion industry?

- 5: Martin Senftleben: Fashion Waste, Trademark Protection, and the Circular Economy: Towards a new public domain for sustainable reuse

- 6: Sunniva Hansson: The Rise and Lawfulness of Fast Fashion

- 7: Maria Mercedes Frabboni and Uma Suthersanen: Design and Fashion: Procrustean metaphors in intellectual property law

- 8: Felicia Caponigri: The Cultural Heritage and Cultural Appropriation of Fashion Assets

- 9: Megan Carpenter: Fashion Statement: Offensive trademarks and fashion in the U.S.

- Part II- Protecting Fashion: Mapping the intellectual property dimension

- 10: David Stone: Using Design Law to Protect Inventive Fashion in the UK and EU

- 11: Irene Calboli and Gabrielle Armstrong: Design Patents in the Fashion Industry: A U.S. perspective

- 12: Richard Arnold: Works of Artistic Craftsmanship in Post-Brexit UK

- 13: Fabrizio Sanna: The 'Artistic Value' Requirement in Italy after Cofemel

- 14: Maria Victória Rocha: The Treatment of Works of Applied Art under Portuguese Law in the Post-Cofemel Era

- 15: Justin Hughes: Prêt-à-protect or Prêt-à-copy? Fashion copyright in the United States

- 16: Gordon Humphreys and Katarzyna Zajfert: The Protection of Well-known Fashion Trade Marks

- 17: Michal Bohaczewski: Legal Protection of Luxury Fashion Brands under EU Trade Mark Law

- 18: Irene Calboli: Non-traditional Fashion Trademarks: To protect or not to protect? Comparative examples

- 19: Carlo Sala and Andrea De Gaspari: The Practical Challenges of Obtaining and Maintaining 3D Trade Mark Registrations from an EU Perspective

- 20: Suelen Carls and Alberto Ribeiro de Almeida: Geographical Indications in the Fashion Industry: Safeguarding knowledge and culture or fuelling trade unfair competition

- 21: Krystyna Szczepanowska-Kozlowska: Patents in the Fashion Industry

- 22: Pilar Montero and Pilar Íñiguez: Plant Variety Rights for Sustainable Fashion

- 23: Camilla A. Hrdy: Fast Secrets: Trade secrets in fashion

- Part III - Contractual, Competition, and Regulatory Issues in the Fashion Industry

- 24: Manon Rieger-Jansen and Nina Dorenbosch: Licensing and Merchandising of Fashion Assets

- 25: Cristiana Sappa: Collaboration of (or with) Well-known Trademarks as a Strategy for Strengthening Market Power in the Luxury Fashion Field

- 26: Nicola Lanna: Contracts of Creative Fashion Workers

- 27: Susanne Augenhofer and Giorgio Monti: Competition Law and the Fashion Industry: Limits to brand management

- 28: Kelsey Farish and Kate Loxton: Regulatory and Legal Considerations Relating to Influencer Marketing from a UK Perspective

- 29: Carina Gommers, Joanne Gibbs, and Eva de Pauw: Misleading and Comparative Advertising in the Fashion Sector

- 30: Rita Tardiolo: Greenwashing and Sustainability Claims

- 31: Jorge Morais Carvalho and Maria Miguel Oliveira da Silva: Consumer Protection in the Fashion Industry from an EU Perspective

- 32: Xuan-Thao Nguyen: Building a Successful Fashion Brand: A corporate and tax law perspective

- Part IV - Tech and Fashion: Legal challenges and solutions

- 33: Giulia Gasparin: Ecommerce and Data Protection Issues in the Fashion Industry

- 34: Dinusha Mendis: Legal Implications of 3D Printing in Fashion

- 35: Frederick Mostert and Wei Ting Yeoh: Counterfeiting: technological and legal tools

- 36: Eleonora Rosati: 'Algorithm Fashion': An EU perspective on copyright-related challenges to anticipating consumers' spending decisions

- 37: Heidi Härkönen: The Impact of Artificial Intelligence on the Fashion Sector: A moral rights perspective

- 38: Christoph Bartos: Fashion Brands in the Metaverse: Legal and policy implications

- 39: Brian Frye: Fashion Tokens

- 40: Trevor Cook: Fashion, Gaming, and Intellectual Property

- 41: Guido Noto La Diega, Tania Phipps-Rufus, Benjamin Clubbs Coldron, and Tabea Stolte: Giving Surveillance Capitalism a Makeover: Wearable technology in the fashion industry and the challenges for privacy and data protection law

Über Autor(innen)

Eleonora Rosati is Professor of Intellectual Property Law at Stockholm University, Glion Institute of Higher Education (GIHE) Research Fellow and Visiting Lecturer, and Of Counsel at Bird & Bird. She is Editor of the Journal of Intellectual Property Law & Practice (Oxford University Press), long-standing contributor to The IPKat, and Co-Founder of Fashion Law London. She also holds visiting academic positions at Universidade Católica Portuguesa, Queen Mary University of London, CEIPI-Université de Strasbourg, and EDHEC Business School. The author of several scholarly articles and books on IP issues, Eleonora regularly engages with institutional actors and private stakeholders to tackle new and emerging legal, regulatory, and policy issues. She has received multiple accolades and prizes for her work in the IP field and has been featured in prominent media outlets, including inter alia The New York Times, The Guardian, Financial Times, CNN, BBC, and Politico.

Irene Calboli is Regents Professor of Law at Texas A&M University School of Law. She holds several honorary and visiting appointments, including at the University of Geneva, the University of Bologna, Sciences Po Paris, Bocconi University, Melbourne University, and Stanford University. In 2022, she was a Fulbright-Hanken Distinguished Chair in Business and Economics in Finland. She is a member of the editorial board of the Oxford Journal of Intellectual Property Law and Practice, the Queen Mary Journal of Intellectual Property, and the WIPO-WTO Colloquium Papers. She is an elected member of the American Law Institute and the European Law Institute. She serves on the board of several professional organizations and associations and is an Expert for the World Intellectual Property Organization, the World Trade Organization, the UN International Trade Centre, and the European Union.