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.
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 language | English |
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Pages (from-to) | 214-222 |
Number of pages | 9 |
Journal | Journal of Intellectual Property & Law Practice |
Volume | 14 |
Issue number | 3 |
DOIs | |
Publication status | Published - 30 Jan 2019 |