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Legal Issue of Trade Mark

In: Business and Management

Submitted By lmyuanzi
Words 1925
Pages 8
Grenoble Ecole de Management
Fashion, Design and Luxury Management
2014 - 2015 Academic Year

Question:
Why enforcement of IPRs involving fashion, Design, and luxury products is so difficult to achieve? If you were working in the enforcement office of a fashion, design, etc… firm, what would you suggest in terms of enforcement measures?

Name: Chengxi WANG
Word Count: 1592

While artistic works such as books and music are entitled with delicate protection under IPRs, the situation is quite contrary in the fashion and luxury industry. The counterfeits as well as knock offs are rampant in the market and enormous economic damages are caused to the fashion companies. This essay is dedicated to investigate the reason behind the weak enforcement of IPRs in the industry. In the following paragraphs, the intrinsic nature of fashion and luxury industry as well as the specific legislative seams in the copyright, design patent, trademark and trade dress will be analysed to answer the question. Intrinsically, the lack of intellectual property protection in the fashion and luxury industry accelerates the production and dissemination of creativity. As opposed to the traditional point of view that artists and creators would not have incentives to design and create new works if their intellectual properties are constantly infringed without proper legal legislation and protection, the situation is not applied in the fashion and luxury industry. On the contrary, it is the lack of efficiency in IPRs that new ideas are provided the breeding ground to brew and grow (Cox & Jenkins, 2005; Barrère & Delabruyère, 2011). It is necessary for designers to borrow, combine, negotiate and recreate works based on the ideas of other designers and prior excellence. It is this permitted freedom within the industry of fashion and luxury that the competition in the generation...

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