The luxury economy and intellectual property : critical reflections



The luxury economy and intellectual property : critical reflections

edited by Haochen Sun, Barton Beebe, Madhavi Sunder

Oxford University Press, c2015

  • : hardback

大学図書館所蔵 件 / 4



Includes bibliographical references and index



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.


  • Contributors
  • I. Introduction
  • 1. The Luxury Economy and Intellectual Property: An Overview
  • II. The Concept of Luxury
  • 2. Luxury and Its Opposites: A Critical Fashion Studies Perspective
  • Susan B. Kaiser, Davis Joseph H. Hancock II, and Sara T. Bernstein
  • 3. Stolen Valor and Stolen Luxury: Free Speech and Exclusivity
  • Rebecca Tushnet
  • 4. The Story of Luxury Products And The (Broken) Promise of Superior Quality In A
  • World of Prestige For The Masses
  • Irene Calboli
  • III. The Social Life of Luxury Brands
  • 5. Parody as Brand
  • Stacey L. Dogan and Mark A. Lemley
  • 6. Brands R Us
  • Mario Biagioli, Anupam Chander, and Madhavi Sunder
  • 7. The Scholarship of Envy: How the Framing of Fashion Leaves a Legal Lacuna
  • Susan Scafidi
  • 8. The Gender of Trademarks and Luxury Branding
  • Ann Bartow
  • IV. Law for the 1%? Concerns from Distributive Justice
  • 9. Upstairs/Downstairs, Fashionwise: A View of Design Protection from Lower Down the Food Chain
  • Diane Leenheer Zimmerman
  • 10. The Economics of Demand for Counterfeiting
  • Yi Qian
  • 11. Shanzhai, Sumptuary Law, and Intellectual Property Law in Contemporary China
  • Barton Beebe
  • 12. The Ethical Responsibilities of Luxury Companies and Consumers
  • Haochen Sun
  • V. The Globalization of Luxury Brands
  • 13. How Can Brands Flourish in the Knockoff Kingdom? What China Tells Us About the Bad - And Good - Effects of Luxury Goods Counterfeiting
  • Kal Raustiala and Christopher Sprigman
  • 14. The Asian Perspective on Intellectual Property and Luxury Goods
  • David Llewelyn
  • 15. Cosmopolitanism and the Transnational Trademark
  • Sonia Katyal
  • Index

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