Description
Intellectual property law plays a pivotal role in ensuring that luxury goods companies can recoup their investments in the creation and dissemination of their copyrighted works, trademarked logos, and patented designs. In 2011, global sales for luxury goods reached about $250 billion, and consumers in East and Southeast Asia accounted for more than 50 percent of that figure. The rapid expansion of the market has prompted some retailers to wield intellectual property against the influx of imitators and counterfeiters.The Luxury Economy and Intellectual Property comprehensively explores the rise of the luxury goods economy and the growing role of intellectual property in creating, sustaining, and regulating this economy. Leading scholars across various disciplines critically consider the industry, its foundational intellectual property laws, and the public interest and social concerns arising from the intersection of economics and law. Topics covered include defining the concept of luxury, the social life of luxury goods, concerns about distributive justice in a world flooded by luxury goods and knockoffs, the globalization of luxury goods, and the economic, social, and political ramifications of the meteoric rise of the Asian luxury goods market.
Table of Contents
ContentsContributors viipart one | Introduction1. Introduction 3Barton Beebepart two | The Concept of Luxury2. Luxury and Its Opposites: A Critical Fashion Studies Perspective 13Susan B. Kaiser, Joseph H. Hancock II, and Sara T. Bernstein3. The Story of Luxury Products and the (Broken) Promise of Superior Quality in a World of Prestige for the Masses 31Irene Calboli4. The Economics of Demand for Counterfeiting 57Yi Qianpart three | The Social Life of Luxury Brands5. Brands R Us 77Mario Biagioli, Anupam Chander, and Madhavi Sunder6. Parody as Brand 93Stacey L. Dogan and Mark A. Lemley7. Stolen Valor and Stolen Luxury: Free Speech and Exclusivity 121Rebecca Tushnet8. The Gender of Trademarks and Luxury Branding 145Ann Bartowpart four | Law for the 1%? Concerns from Distributive Justice9. Upstairs/Downstairs, Fashionwise: A View of Design Protection from Lower Down the Food Chain 173Diane Leenheer Zimmerman10. Shanzhai, Sumptuary Law, and Intellectual Property Law in Contemporary China 203Barton Beebe11. The Ethical Responsibilities of Luxury Companies and Consumers 225Haochen Sun12. The Scholarship of Envy: How the Framing of Fashion Leaves a Legal Lacuna 249Susan Scafidipart five | The Globalization of Luxury Brands13. Let Them Eat Fake Cake: The Rational Weakness of China's Anti-Counterfeiting Policy 263Kal Raustiala and Christopher Jon Sprigman14. A Perspective from Asia: Special Protection for Luxury Brands-Legal Sense or Nonsense? 289David Llewelyn15. Cosmopolitanism and the Transnational Trademark 309Sonia K. KatyalIndex 339
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