Intellectual Property Rights on Creativity and Heritage The Fashion - - PowerPoint PPT Presentation

Intellectual Property Rights

• n Creativity and Heritage

The Fashion case Christian Barrère, OMI, Université de Reims

−A low IPR system −The weakness of IPR doesn't result from efficiency

but from substantive characteristics of creative process

−Different models of IPR management

The Creative Industries and Intellectual Property Conference London 22-23 May 2008

Problems

1 Non separability

and non additivity

2 Non reproducibility 3 Idiosyncrasy  to define the

entitlement

 to organize a market

for IPR

 to enforce IPR  to justify IPR

The Classic Model of the Maison

 the creator as the residual claimant  low legal protection of creative products and

heritages but social protection through the personal relations model

 reputation and « griffe » with external and

• verlapping effects (accessories)

 No market for IPR   static efficiency but loss of dynamic efficiency

The New Model of Luxury Groups

 New problems: 1 increase in the value of creativity

2 reproduction over time 3 allocation across space  a demand for IPR

 privatization of craft knowledge heritage  From the griffe, a personal PR, to the trademark, a

market PR

 Creative piracy  IPR on common heritage assets

Some conclusions

 specific :

• 1 weakness does'nt derive from efficiency
• 2 Different models of IPR management related

to the Old, the Classic and the Modern Models

• f fashion
• 3 new stakes: the free riders of the street

fashion

 general:

− substantive vs. formal conception of PR

YSL 1965: the Mondrian collection

Piet Mondrian

Piracy

Piracy? Inspiration? Homage?

Vialli: homage to YSL

The end ... sorry for my bad English ... Thanks.