Kal Raustiala and Christopher Sprigman. The Piracy Paradox: Innovation And Intellectual Property In Fashion Design

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Virginia Law Review. Vol.
92. December 2006, № 8. 91 pp.
Why is copying in the fashion industry treated so differently from copying in other creative industries? Why, when other major content industries have obtained and made use of increasingly powerful IP protections for their products, does fashion design remain mostly unprotected? That the fashion industry produces high levels of innovation, and attracts the investment necessary to continue in this vein, is a puzzle for the orthodox justification for IP rights. This Article will explore this puzzle and offer an explanation for it.

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