The Plymouth Law and Criminal Justice Review
Document Type
Article
Abstract
Intellectual property law strives to provide a climate for invention, ingenuity and imagination to prosper. The standard theory, featured prominently in relevant international and national IP law regimes, is that copyists stifle the incentive for innovation. Yet, in an industry with copying at its heart, firms are prospering contrary to the above standard. This is fashion and, arguably, copying is what it is all about, after all. This paper examines how intellectual property theory works in the fashion industry and explores the idea that copying designs stimulates fashion innovation, thus generating a 'piracy paradox'. Further, it aims to scrutinise the pertinent theses of induced obsolescence, flocking and differentiation, suggesting an analysis of the interaction between intellectual property rights, economics and competition law.
Publication Date
2019-01-01
Publication Title
The Plymouth Law & Criminal Justice Review
Volume
11
Issue
1
First Page
80
Last Page
102
ISSN
2054-149X
Deposit Date
June 2019
Embargo Period
2024-11-04
Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.
Recommended Citation
Rockett, Eleanor
(2019)
"Trashion: An Analysis of Intellectual Property Protection for the Fast Fashion Industry,"
The Plymouth Law and Criminal Justice Review: Vol. 11, Article 8.
Available at:
https://pearl.plymouth.ac.uk/plcjr/vol11/iss1/8
