ABSTRACT
In order to address the exploitation of traditional designs and show the shortcomings of the current legal frameworks for safeguarding cultural heritage, this article explores the relationship between the protection of intellectual property (IP) law and the appropriation of culture in the fashion industry. Widespread cultural appropriation has resulted from the lack of sufficient legal protections for marginalized and Indigenous people, as fashion increasingly takes inspiration from many traditional practices. Protecting individual creative works is the main goal of current intellectual property laws, such as intellectual property rights, trademarks, and patents. However, they do not take communal ownership or the social importance of traditional designs into consideration. The study examines how the fashion industry contributes to cultural commercialization by analyzing significant court decisions, including the Navajo Nation vs. Urban Outfitters case and disputes over the usage of traditional symbols in fashion. The paper advocates for legal reforms incorporating cultural sensitivity into intellectual property laws, emphasizing the need for collective IP registration and consultation with cultural representatives to ensure fair compensation and prevent the unauthorized use of culturally significant elements. These cases demonstrate how the fashion industry frequently exploits traditional designs without recognizing their cultural value or compensating the communities from which they originate. This approach aims to create a more inclusive and ethicalindustry, ensuring that the voices and cultures of indigenous and marginalized communities are valued and protected within the global fashion landscape.
KEYWORDS
Intellectual property (IP) law, Cultural appropriation, Fashion industry, Cultural heritage, Indigenous communities, Marginalized communities, Cultural commodification, Creative expression, Inclusive, Ethical industry[1].
INTRODUCTION
Intellectual property is one topic I regularly teach as a business professor and attorney in order to promote sensible business management. Even more valuable than the actual material assets that a firm possesses is its intellectual property. However, first, what are intellectual property and intellectual property law, and why are they important?[2]
[1] Brittaney Kiefer, ‘Cultural Appropriation: Don’t be an invader’, (Campaign, 19 February 2020) accessed 27 November, 2021
[2] Jon Pareles, ‘Chuck Berry, Rock ‘n’ Roll Pioneer, dies at 90’, (The New York Times, 18 March 2017) accessed 05 December 2021.