The fashion sector: copyright, designs or unfair competition?

Violet Atkinson*, William van Caenegem

*Corresponding author for this work

Research output: Contribution to journalArticleResearchpeer-review

1 Citation (Scopus)

Abstract

This article considers the suitability of a remedy for unfair competition as such in the fashion industry. Although such a remedy is traditionally unavailable in common law jurisdictions, we argue that it could be more targeted, effective and predictable than IPR aremedies whose application to fashion imitation is uncertain and of limited utility.

To highlight the potential of an unfair competition remedy to combat distortion of competition in this creative industry with rapid innovation, we consider French law, which arguably provides an example of a workable action.

We consider that the fashion industry can only be improved by fierce competition as it drives the innovation cycles at a faster rate, thus providing consumers with more welfare-enhancing choices.
Original languageEnglish
Pages (from-to)214-222
Number of pages9
JournalJournal of Intellectual Property & Law Practice
Volume14
Issue number3
DOIs
Publication statusPublished - 30 Jan 2019

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