Intellectual property rights on creativity and heritage: the case of the fashion industry |
| |
Authors: | Christian Barrère Sophie Delabruyère |
| |
Institution: | (1) OMI, University of Reims, Reims, France |
| |
Abstract: | Recently, as different projects aiming to define and reinforce property rights in the fashion industry have been elaborated
and discussed, a lot of papers have been dedicated to the question of property rights in this industry. Our paper considers
the problems from a specific point of view; it focuses on the relation between property rights and creativity. If property
rights allow the allocation of the majority of standard industrial goods without any special difficulty, however, when they
are applied to creative goods, new problems arise. Then, for us, the persistence of a low system of IPRs in the fashion industry
does not mainly derive from its efficiency but from the characteristics of the inputs that are used in the creative production
process. They constitute strong constraints for defining, entitling, legitimating, enforcing, valuating and exchanging property
rights. Thus, the different economic actors develop different kinds of strategic behaviour in order to obtain earnings and
can try to protect copyrights, trademarks, new assets, old assets (heritage), private or collective assets, and so on. The
institutional characteristics of this specific industry—such as the models of management, the type of ownership, the size
of the firms, … lead to different historical models of management through IPRs. Peculiarly, the financial groups that integrate
fashion into the new luxury industries currently try to implement new IPRs and to move towards a stronger system of IPRs but
the management model of the street fashion puts an obstacle to this project. |
| |
Keywords: | |
本文献已被 SpringerLink 等数据库收录! |
|