International Corporate Compliance, Second Edition
A Reference Guide
Carolyn Deere Birkbeck
This chapter provides an introduction to the fashion industry, its economics and the legal issues which it commonly faces. This includes an overview of the areas which are explored in the later chapters of the book such as intellectual property, franchising, licensing and distribution. It also considers the issues that are driving the industry forward such as sustainability and ethical fashion, e-commerce and fashion technology. It finishes with some suggestions on the practicalities associated with instructing a lawyer.
This chapter offers a concise and user friendly introduction to the different European legal and political structures and processes. It looks at everything from the European Parliament and Commission to the EU Customs Union and the European Economic Area. It particularly focuses on the Court of Justice for the European Union or CJEU and the General Court. It also includes an introduction to EU regulations and directives which it considers through the lens of trade mark and designs law. It does not talk about Brexit.
Brands are essential to the success of fashion businesses. Trade marks are a monopoly right which protects the brand on a territory-by-territory basis. This chapter introduces the important concepts within trade mark law, the types of trade mark which are available for the fashion industry and the sorts of legal issues that arise. The chapter gives particular attention to filing strategies and considers the international dimension, not just as far as the EU and its Member States are concerned but also in terms of the issues to watch out for in the US, Russia and the Middle East and in Asia, particularly in China.
Visual appearance is of the utmost importance to the fashion industry. This chapter looks at the use of copyright to protect clothing and accessories including the features of a product such as a fabric pattern. It also looks at the more quirky types of copyright protection such as fashion shows. This chapter focuses on how you obtain copyright protection and answers the important questions such as how long does it last and who owns it? It concludes by looking at the different registration methods which are available in Europe and internationally including the benefits of copyright registration in countries such as China and the US.