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LLB Dissertation in Copyright and Fashion
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This is my final draft of my LLB undergrad dissertation. It describes how the current UK Copyright regime offers protection for the fashion industry.
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TO WHAT EXTENT IS COPYRIGHT AN ADEQUATETOOL TO PROTECT THE FASHION INDUSTRY?
By:
Dissertation Supervisor:
-------------------------------- -------------------------
(Signature of Student). (Date)
, ABSTRACT
The rise of knockoffs in the fashion industry asks for copyright to be extended to fashion items.
The alternative methods of protection provided by intellectual property law do not protect
adequately the overall fashion item. Indeed, there is a widespread belief that copyright does
not protect fashion. Fashion items fall under the scope of copyright, as a type of ‘artistic work’
and can be covered by the Copyright Designs and Patents Act 1988, under the category of
‘original work of artistic craftsmanship’. The ambiguity around the meanings of the two
elements makes it hard to predict what the courts will consider as ‘original works of artistic
craftsmanship’. Furthermore, the main limitations in protecting fashion items are the
functionality doctrine and the closed-list system of copyright.
i
,ACKNOWLEDGEMENTS
ii
, Table of Abbreviations
Term Abbreviation
Copyright Designs and Patents Act 1988 CDPA 1988
Court of Justice of European Union CJEU
Intellectual Property IP
International Convention for the Protection of Berne Convention
Literary and Artistic Works
Patent County Court PCC
The World Intellectual Property Organization WIPO Copyright Treaty 1996
Copyright Treaty 1996
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