La Industria De La Moda A La Luz De La Propiedad Intelectual The Fashion Industry And The Intellectual Property PDF Download

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La Industria De La Moda a La Luz De La Propiedad Intelectual (The Fashion Industry and the Intellectual Property).

La Industria De La Moda a La Luz De La Propiedad Intelectual (The Fashion Industry and the Intellectual Property).
Author: Brenda Salas Pasuy
Publisher:
Total Pages: 0
Release: 2013
Genre:
ISBN:

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Cuando se habla de moda se piensa en algo cambiante y efímero. Sin embargo, tras la producción de una prenda de vestir son muchos los factores que conducen a un resultado final atractivo para el consumidor. La moda supone no solamente la venta de una prenda de vestir, involucra la imagen y el prestigio de aquel que la crea. El proceso de creación y producción de la misma conduce a valorar su importancia en el marco del comercio internacional. En efecto, se trata de un bien protegido por las reglas propias de la propiedad intelectual. El artículo analiza la importancia de la moda en el marco de esta disciplina, es decir, su régimen de protección, que se caracteriza por no ser uniforme a nivel internacional y respecto del cual solo pocas legislaciones han entrado a regular directamente esta rama de la industria. Referring to fashion immediately we think in something which is ephemera and changing. Nevertheless, behind the production of an appeal garment there are many factors involved which interact to produce a final product attractive to the consumer. Fashion is not just the sale as itself, covers the image and the prestige from who creates the garment. Thus, the process of creation and production itself take us to value their importance in the context of international trade. In fact, they are goods protected by rules of intellectual property. In that order, this article will analyze the importance of fashion in the environment of intellectual property, its protection regime which is characterized for not being equal in the international level and just few laws have taken into account its importance.


Intellectual Property Rights, Copynorm and the Fashion Industry

Intellectual Property Rights, Copynorm and the Fashion Industry
Author: Marlena Jankowska
Publisher: Taylor & Francis
Total Pages: 229
Release: 2023-12-22
Genre: Law
ISBN: 1003833462

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This book traces the development of the fashion industry, providing insight into the business and, in particular, its interrelations with copyright law. The book explores how the greatest haute couture fashion designers also had a sense for business and that their attention to copyright was one of the weapons in protecting their market position. The work also confronts the peculiarities of the fashion industry as a means of demonstrating the importance of intellectual property protection while pointing out the many challenges involved. A central aim is to provide a copyrightability test for fashion goods based on detailed analysis of the legal regulations in the USA and EU countries, specifically Italy, France, the Netherlands, Germany and Poland. The book will be of interest to researchers and academics working in the areas of Intellectual Property Law, Copyright Law, Business Law, Fashion Law and Design.


The Intellectual Property of Textiles and Fashion: From the Medieval Loom to the New York Fashion Week

The Intellectual Property of Textiles and Fashion: From the Medieval Loom to the New York Fashion Week
Author: Nuno Pires de Carvalho
Publisher: Kluwer Law International B.V.
Total Pages: 706
Release: 2021-09-20
Genre: Law
ISBN: 940353785X

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Rampant global counterfeiting has led the fashion industry to seek ever greater enforcement of its intellectual property (IP) rights. Yet, as this hugely informative book shows, this is not new. Fashion designers and entrepreneurs, as well as manufacturers and tradespeople in the broader textiles industry from which fashion springs, have always struggled to convert existing IP rules to an industry that was—and is—configured by the pressure of intrinsically fleeting consumer tastes and trends. The distinguished author, adding to the series of major works that have made him a leading authority on IP law, triumphantly reveals in great detail how society has constructed IP in association with textiles so as to accommodate it to the particular characteristics of fashion that emerged in the last century. More than two hundred sources, many of them for the first time available in English, illustrated with fifty figures, allow the reader to directly encounter those who have made and continue to make the IP of textiles and fashion. The underlying raisons d’être of such aspects as the following become brilliantly clear: how fashion designers protect their creations against the spread of knock-offs; how fashion entrepreneurs appropriate prestige and reputation; how an iconic design becomes a brand or acquires secondary meaning; and how such inventions as the sewing machine and the cotton gin affected IP rights in textiles and fashion. Each source is preceded by a note placing it in its social, economic, and legal context. The sources are structured in two chapters (business identifiers—trade and certification marks, geographical indications—and appropriation of knowledge and creativity—patents, designs, copyright, and trade secrets) so as to permit an easy understanding of the enchainment of important moments that have contributed to give IP for textiles and fashion its special configuration, in particular the transition from textile law to fashion law. With this book, listening directly to the voices of those who have made and make IP, academics, students, magistrates, professionals, and the legal community as a whole will have a clear and realistic sense of how the combination of the entrepreneurial spirit with the imperatives of human consumption has designed and continues designing the special scope and limits of IP as applied to textiles and fashion.


Fashion Law

Fashion Law
Author: Guillermo Jiménez
Publisher:
Total Pages: 0
Release: 2016
Genre: Clothing industry
ISBN: 9781611634891

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This casebook is the first to cover the new and rapidly growing field of Fashion Law. The fashion industry (a $1 trillion-plus global sector) is twice as large as all entertainment sectors added together and generates a high volume of unique and complex legal issues. First among these are intellectual property issues, which are examined and analyzed here in depth. Fashion licensing, anti-counterfeiting, international trade and business operations are also covered. Authors Guillermo C. Jimenez (Fashion Institute of Technology, NYU Stern School of Business) and Barbara Kolsun (General Counsel-- Stuart Weitzman, Cardozo Law School, NYU Law School) were founding pioneers of fashion law, creating the world's first committee on Fashion Law in 2005 and authoring the first American legal handbook on the topic in 2010.


Fashion Law

Fashion Law
Author: Guillermo C. Jimenez
Publisher: A&C Black
Total Pages: 417
Release: 2014-03-13
Genre: Business & Economics
ISBN: 1609018958

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In todays' highly competitive global market, fashion designers, entrepreneurs and executives need state, federal, and international laws to protect their intellectual property-their brands and the products by which their customers recognize them. Fashion Law provides a concise and practical guide to the full range of legal issues faced by a fashion company as it grows from infancy to international stature. Updated to reflect recent legal decisions and regulatory developments, this revised edition covers such a vital issues as intellectual property protection and litigation, licensing, anti-counterfeiting, start-ups and finance, commercial transactions, retail property leasing, employment regulations, advertising and marketing, celebrity endorsements, international trade. Features of the text help to make legal concepts accessible to the lay reader. More than 25 leading attorneys practicing in the emerging legal specialty of fashion law contributed the chapters for this authoritative text, and their expertise provides a foundation for fashion professionals and their legal advisors to work together effectively. New to this Edition~Expanded section on Intellectual Property protection, including an all new Chapter 6 on Litigation~All new Chapter 10 on Fashion Finance Features~Box Features provide real-life examples that demonstrate the role that law plays in the fashion business, including landmark court cases and current events~Practice Tips discuss legal issues that should be considered as fashion designers and executives establish procedures for conducting their business~Sample Clauses familiarize readers with the legal language that covers the rights and responsibilities of the parties to agreements. Instructor's Guide and PowerPoint presentations available.


The New Frontiers of Fashion Law

The New Frontiers of Fashion Law
Author: Rossella Esther Cerchia
Publisher: MDPI
Total Pages: 160
Release: 2021-01-13
Genre: Social Science
ISBN: 3039437070

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Fashion law encompasses a wide variety of issues that concern an article of clothing or a fashion accessory, starting from the moment they are designed and following them through distribution and marketing phases, all the way until they reach the end-user. Contract law, intellectual property, company law, tax law, international trade, and customs law are of fundamental importance in defining this new field of law that is gradually taking shape. This volume focuses on the new frontiers of fashion law, taking into account the various fields that have recently emerged as being of great interest for the entire fashion world: from sustainable fashion to wearable technologies, from new remedies to cultural appropriation to the regulation of model weight, from advertising law on the digital market to the impact of new technologies on product distribution. The purpose is to stimulate discussion on contemporary problems that have the potential to define new boundaries of fashion law, such as the impact of the heightened ethical sensitivity of consumers (who increasingly require effective solutions), that a comparative law perspective renders more interesting. The volume seeks to sketch out the new legal fields in which the fashion industry is getting involved, identifying the new boundaries of fashion law that existing literature has not dealt with in a comprehensive manner.


La moda y la propiedad intelectual. Una mirada desde la perspectiva de los diseños industriales en Colombia, Francia y la Unión Europea

La moda y la propiedad intelectual. Una mirada desde la perspectiva de los diseños industriales en Colombia, Francia y la Unión Europea
Author: Brenda Salas Pasuy
Publisher: U. Externado de Colombia
Total Pages: 55
Release: 2019-08-20
Genre: Law
ISBN: 9587901479

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El diseño y la producción de una pieza de moda involucra el talento y la destreza del diseñador. Aspectos como la definición de la materia prima, la finalidad y el producto al que se incorpora el dibujo o modelo de moda, son elementos que el diseñador debe considerar para realizar una creación de moda. Es así que el proceso intelectual, inmerso en la elaboración de sus creaciones, merece ser protegido por el régimen jurídico. A la luz de la propiedad intelectual, muchos derechos permiten protegerla; entre ellos se destacan las marcas, el derecho de autor y los dibujos o modelos industriales. En Colombia, el legislador optó por el régimen de los diseños industriales para protegerla. El estudio conjunto de la industria de la moda a la luz de esta disciplina es de importancia considerable por cuanto su definición brindará al diseñador seguridad jurídica respecto del objeto de protección y del alcance del derecho. No obstante, el dinamismo que caracteriza a la moda revela que la legislación actual es inadecuada. Por esto la obra presenta las dificultades existentes y las soluciones que otros regímenes jurídicos ofrecen, con el fin de protegerla adecuadamente.


Protecting Creativity in Fashion Design

Protecting Creativity in Fashion Design
Author: Susanna Monseau
Publisher: Taylor & Francis
Total Pages: 152
Release: 2023-03-17
Genre: Law
ISBN: 100082277X

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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.


Regulating Style

Regulating Style
Author: Kedron Thomas
Publisher: Univ of California Press
Total Pages: 326
Release: 2016-10-11
Genre: Business & Economics
ISBN: 0520290976

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Fashion knockoffs are everywhere. Even in the out-of-the-way markets of highland Guatemala, fake branded clothes offer a cheap, stylish alternative for people who cannot afford high-priced originals. Fashion companies have taken notice, ensuring that international trade agreements include stronger intellectual property protections to prevent brand “piracy.” In Regulating Style, Kedron Thomas approaches the fashion industry from the perspective of indigenous Maya people who make and sell knockoffs, asking why they copy and wear popular brands, how they interact with legal frameworks and state institutions that criminalize their livelihood, and what is really at stake for fashion companies in the global regulation of style.


A Stitch in Time - Smart Use of Intellectual Property by Textile Companies

A Stitch in Time - Smart Use of Intellectual Property by Textile Companies
Author: World Intellectual Property Organization
Publisher: WIPO
Total Pages: 24
Release: 2006-08-31
Genre: Law
ISBN: 9280514873

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By relying on a wide range of short case studies taken from traditional as well as modern enterprises, this booklet provides a snapshot of the value of effective use of the different tools of the intellectual property system (industrial designs, copyright, patents, trademarks, geographical indications, trade secrets) for enhancing the competitiveness of products in the textiles, clothing, footwear, and fashion industries, both in the domestic and export markets.