@article{48509,
      recid = {48509},
      author = {Monseau, Susanna,},
      title = {Protecting Creativity in Fashion Design : US Laws, EU  Design Rights, and other Dimensions of Protection.},
      pages = {xv, 170 pages :},
      abstract = {Exploring the debate over the benefits of legal protection  for fashion design, this book focuses on how a combination  of minimal legal protections for design, evolving social  norms, digital technology, and market forces can promote  innovation and creativity in a business known for its  fast-paced remixing and borrowing. Focusing on the  advantages and disadvantages of the main US and EU IP laws  that protect fashion design in the world"s biggest fashion  markets, it describes how recent US case law in copyright  and trademark cases has led to misaligned incentives for  the industry and a lack of clear protection, while in the  EU, the CJEU"s interpretation of the pan-European design  rights system has created significant overlap with  copyright law and risks leading to the overprotection of  design. The book proposes that creativity and innovation in  fashion derive some benefit from a limited unregistered  design right protection and that cumulation with copyright  protection is unhelpful. It also proposes that there is a  larger role for developing social norms relating to  sustainability, the ethics of cultural appropriation, and  the online shaming of counterfeiters, that can also help  create a fair equilibrium between protection and borrowing  in fashion design.},
      url = {http://tind.wipo.int/record/48509},
}