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Fashion Intellectual Property Rights
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Moral Rights
Moral rights protect the personal and reputational value of a work for its creator. Example in Fashion: The right of a designer to be credited for their work and to object to distasteful modifications.
Co-branding Agreements
Co-branding agreements involve partnering of two brands to create collaboratively products that feature both brands. Example in Fashion: A luxury fashion brand partnering with a sportswear company to create a new sneaker line.
IPR Enforcement
IPR Enforcement involves taking legal action to protect and assert one's intellectual property rights. Example in Fashion: A brand taking a counterfeiter to court over fake merchandise.
Utility Patent
Utility patents protect new inventions or functional improvements on existing products. Example in Fashion: A new type of breathable waterproof fabric technology.
Copyright
Copyright protects original works of authorship, such as artwork, literature, and music. Example in Fashion: Unique fabric patterns or original graphic t-shirts designs.
Artistic Works
Artistic works in the fashion industry are works that are intended to be appreciated primarily for their beauty or emotional power. Example in Fashion: An ornate, one-of-a-kind haute couture dress.
Trademark
A trademark protects brand names, logos, and slogans used to identify and distinguish products or services. Example in Fashion: The Nike 'Swoosh' logo.
Trade Secret
A trade secret is any confidential business information which provides a competitive edge. Example in Fashion: The recipe for a fabric dye used exclusively by a designer.
Geographical Indications
Geographical indications are signs used on products that have a specific geographical origin and possess qualities or a reputation due to that origin. Example in Fashion: 'Champagne' for the sparkling wine from the Champagne region in France can be extended to products like textiles from a renowned location.
Parallel Imports
Parallel imports are non-counterfeit products imported from another country without the permission of the intellectual property owner. Example in Fashion: A retailer importing genuine branded watches intended for another market.
Counterfeiting
Counterfeiting involves the production of imitations of goods to be passed off fraudulently as genuine. Example in Fashion: Fake luxury handbags that bear the logos of well-known high-end brands.
Fashion Licensing
Fashion licensing is the process of renting the right to use copyrighted designs, logos, or names from the owner to another party. Example in Fashion: A designer allowing a retailer to use their patterns for a clothing line.
Certification Mark
A certification mark is a sign indicating that the goods or services comply with certain standards. Example in Fashion: The 'Woolmark' logo certifying the content and quality of wool in products.
Collective Mark
A collective mark is used by members of an organization to identify their goods or services and indicate membership in the group. Example in Fashion: A logo used by a consortium of eco-friendly apparel companies.
Design Patent
Design patents protect the unique visual ornamental characteristics of an item. Example in Fashion: The unique design of Adidas' Stan Smith shoes.
Fashion Design Legislation
Legislation specific to the protection of fashion design. Example in Fashion: A proposed bill aiming to give a three-year design protection to fashion designs.
Industrial Design Rights
Industrial design rights protect the form, appearance, style or design of an industrial object. Example in Fashion: Protection of the three-dimensional shape of a handbag.
Unfair Competition
Unfair competition laws prevent misleading, deceptive, or unethical practices that harm other businesses or consumers. Example in Fashion: A company copying the style of another brand's advertising to confuse consumers.
Fashion Law
Fashion law encompasses issues from intellectual property to employment within the fashion industry. Example in Fashion: Litigation over the unauthorized use of a patented shoe design.
Trade Dress
Trade dress refers to the visual appearance of a product or its packaging that signifies the source of the product to consumers. Example in Fashion: The layout and decor of an Abercrombie & Fitch store.
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