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Fashion and Intellectual Property

Edited by: David Tan, Jeanne Fromer, Dev Gangjee

ISBN13: 9781009519601
To be Published: October 2025
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £100.00



Fashion is a multi-billion-dollar global business, which is not surprising because of our basic need to wear clothes and shoes. The fashion system thrives on ephemerality, novelty, seduction and hedonism. There are countless books on intellectual property law, numerous books on fashion theory, and a few books on fashion law, but hardly any on fashion and intellectual property.

This book assembles a constellation of some of the best-known intellectual property scholars around the world to present their analysis of how different aspects of intellectual property laws interact with and regulate the fashion industry. It presents a meticulously curated collection of how intellectual property laws interact with contemporary fashion and culture studies in protecting fashion creations that range from clothing and footwear to textiles. It covers key features of intellectual property rights regimes in the United States, United Kingdom, Europe, Australia, and Asia that include copyright, trademarks, patents and geographical indications.

This title is also available as open access on Cambridge Core.

Subjects:
Intellectual Property Law
Contents:
Part I. Theoretical Frameworks:
1. Fashion, post-postmodernism and intellectual property
David Tan
2. Intellectual property law and the dream of post-scarcity society
Barton Beebe

Part II. Intellectual Property Rights - Copyright, Trade Marks, Patents and Registered Designs:
3. Fashion's function in intellectual property law
Christopher Buccafusco and Jeanne C. Fromer
4. Shape trade marks are in fashion: a study of footwear and sneakers in Australia
Vicki Huang
5. Non-Traditional trade marks (NTTMs), distinctiveness and the fashion industry
Susanna H. S. Leong and Irene Calboli
6. Utility patents and the fashion industry
Roger Allan Ford
7. Barriers to enforcing design rights over fashion in the United Kingdom
Robert Burrell and Emily Hudson

Part III. Current Trends:
8. Fashion upcycling and trademark infringement - a circular economy/freedom of the arts approach
Martin Senftleben
9. Shanzhai fashion and intellectual property in China
Jyh-An Lee and Jingwen Liu

Part IV. Looking Ahead:
10. Threads that last: geographical indications for textiles
Dev S. Gangjee
11. Culture appropriation and the global fashion industry
Kal Raustiala and Christopher Jon Sprigman
Index