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.
The Handbook of Fashion Law offers readers a comprehensive and multidisciplinary commentary on the legal challenges facing the fashion sector across a range of jurisdictions. Bringing together a diverse range of experts, its contributions consolidate the study, research, and practice of fashion law around the world.
Arvustused
The Handbook of Fashion Law is set to become the leading scholarly authority on fashion law, offering valuable guidance to scholars and practitioners in the field alike, while its captivating legal analyses make it a must-read for anyone in the legal field with an interest in cross-disciplinary legal works. * Spyros Sipetas, The IPKat * This comprehensive handbook on fashion law can serve both as an introductory resource for lawyers interested in fashion law and as targeted guidance for those with specificquestions in mind, given its wide coverage of topics, debates and challenges related to the fashion industry, as well as the accessible explanation of the relevant legal mechanisms. Besides being an invaluable contribution to the literature, with the potential to open the floodgates to further research on numerous questions, it is a highly useful, informative and enjoyable read. Thus, it is, according to this reviewer, the go-to resource in fashion law. * Sögüt Atilla, Journal of Intellectual Property Law and Practice *
Maciej Szpunar: Foreword
Eleonora Rosati and Irene Calboli: 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
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.
