Comparative study of fashion and IP: Copyright and designs in France, Europe and Australia

Extract

This article explores the application of intellectual property (IP) law to fashion. ¹ We treat fashion design as a creative industry, rather than manufacturing. We focus on the way the law deals with the intellectual capital generated in the process of developing new fashion collections season by season.

We have chosen France and Australia as the main jurisdictions because, first, France represents the civil law and Australia the common law tradition. Secondly, they present an interesting contrast in terms of development of the fashion industry. France has a well-developed fashion industry with the top 30 fashion brands generating $16 billion annually, ^2,3 and a long tradition of dealing with counterfeiting and imitation, as well as leadership in terms of seasonal trends. The Australian sector is contrastingly young, with few global brands (although prominent in some niche segments), but with a growing interest in creative fashion and realization of its economic value. Creative fashion has recently attracted the attention of the Australian government, which has recognized its economic potential. ⁴