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Vol 23 No 5 May/June 2018

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The Luxury Economy and Intellectual Property: Critical Reflections

Edited by: Haochen Sun, Barton Beebe, Madhavi Sunder

ISBN13: 9780199335701
Published: October 2015
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £64.00

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Intellectual property law plays a pivotal role in ensuring that luxury goods companies can recoup their investments in the creation and dissemination of their copyrighted works, trademarked logos, and patented designs.

In 2011, global sales for luxury goods reached about $250 billion, and consumers in East and Southeast Asia accounted for more than 50 percent of that figure. The rapid expansion of the market has prompted some retailers to wield intellectual property against the influx of imitators and counterfeiters.

The Luxury Economy and Intellectual Property comprehensively explores the rise of the luxury goods economy and the growing role of intellectual property in creating, sustaining, and regulating this economy. Leading scholars across various disciplines critically consider the industry, its foundational intellectual property laws, and the public interest and social concerns arising from the intersection of economics and law.

Topics covered include defining the concept of luxury, the social life of luxury goods, concerns about distributive justice in a world flooded by luxury goods and knockoffs, the globalization of luxury goods, and the economic, social, and political ramifications of the meteoric rise of the Asian luxury goods market.

Intellectual Property Law
I. Introduction
1. The Luxury Economy and Intellectual Property: An Overview
II. The Concept of Luxury
2. Luxury and Its Opposites: A Critical Fashion Studies Perspective
Susan B. Kaiser, Davis Joseph H. Hancock II, and Sara T. Bernstein
3. Stolen Valor and Stolen Luxury: Free Speech and Exclusivity
Rebecca Tushnet
4. The Story of Luxury Products And The (Broken) Promise of Superior Quality In A
World of Prestige For The Masses
Irene Calboli
III. The Social Life of Luxury Brands
5. Parody as Brand
Stacey L. Dogan and Mark A. Lemley
6. Brands R Us
Mario Biagioli, Anupam Chander, and Madhavi Sunder
7. The Scholarship of Envy: How the Framing of Fashion Leaves a Legal Lacuna
Susan Scafidi
8. The Gender of Trademarks and Luxury Branding
Ann Bartow
IV. Law for the 1%? Concerns from Distributive Justice
9. Upstairs/Downstairs, Fashionwise: A View of Design Protection from Lower Down the Food Chain
Diane Leenheer Zimmerman
10. The Economics of Demand for Counterfeiting
Yi Qian
11. Shanzhai, Sumptuary Law, and Intellectual Property Law in Contemporary China
Barton Beebe
12. The Ethical Responsibilities of Luxury Companies and Consumers
Haochen Sun
V. The Globalization of Luxury Brands
13. How Can Brands Flourish in the Knockoff Kingdom? What China Tells Us About the Bad - And Good - Effects of Luxury Goods Counterfeiting
Kal Raustiala and Christopher Sprigman
14. The Asian Perspective on Intellectual Property and Luxury Goods
David Llewelyn
15. Cosmopolitanism and the Transnational Trademark
Sonia Katyal