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

Intellectual Property Rights on 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  to define the and non additivity entitlement  2 Non reproducibility  to organize a market for IPR  3 Idiosyncrasy  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 overlapping 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 of 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.