Intellectual Property Protection in the Fashion Industry

This paper discusses the piracy problems plaguing the fashion industry and analysis whether the fashion industry thrives best in a low or strong IP equilibrium. It particularly considers the argumentation of the American authors Kal Raustiala and Christopher Sprigman, who explain how copying could paradoxically help the industry. I will disprove their model by arguing from a European point of view, which will show that a high level of protection is necessary to promote innovation. With regard to the cheap-chic fashion industry it will be examined to what extent the law does it well to distinguish close copies of trend items from infringing copies. By looking at an altered status of the current hierarchy in the fashion industry, I will offer a potential solution for how the dynamics of this industry may be even enhanced in the future. Finally, case studies are investigated with the aim to figure out which legal tools are most useful to protect fashion design in the United Kingdom today.