"Luxury and Intellectual property" - course done at HEC, Paris
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HEC Luxury Certificate – 26 May 2014 Intellectual property & the fight against counterfeiting in the luxury sector
description
Crefovi's founding partner and ialci president, Annabelle Gauberti, tought the MBA and master students of HEC's luxury certificate the relationship between luxury and intellectual property. Check it out there!
Transcript of "Luxury and Intellectual property" - course done at HEC, Paris
HEC Luxury Certificate – 26 May 2014
Intellectual property & the fight against counterfeiting in the luxury sector
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How and why is intellectual property (IP) the foundation of a sound luxury business?
Intellectual property & the fight against counterfeiting in the luxury sector
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What are intellectual property (IP) & IP rights?
Author
Creativity/
Innovation
Society
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Which IP rights are available to luxury houses?
PATENT
CONFIDENTIAL INFORMATION
TRADE MARKS
PASSING OFF
COPYRIGHT
MORAL RIGHTS
UNREGISTERED DESIGN RIGHTS
REGISTERED DESIGN
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What are the remedies for IP infringement?
REMEDIES
FINAL REMEDIES
PECUNIARY
ACCOUNT OF PROFITS
DAMAGES
NON PECUNIAR
Y
DECLARATION
DELIVERY UP
COURT ORDER REVEAL
RELEVANT INFO
INJUNCTION
INTERIM REMEDIES
INTERIM INJUNCTION
S
EX PARTE ORDERS
SEARCH ORDER
FREEZING INJUNCTION
WITHOUT OR ON NOTICE
PROCEEDINGS
CRIMINAL SANCTIONS
THREATS
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How do these IP rights get used in the luxury goods sector?
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Patent law
Katerina Plew v Victoria’s Secret
PATENT
INVENTION
NOVELTY
INVENTIVE STEP
INDUSTRIAL
APPLICATION
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Trade mark law
• Conventional trade marks• Non-conventional trade
marks
TRADEMARK
CLEAR
PRECISE
SELF-CONTAI
NED
EASILY ACCESSIBL
E & INTELLIGIB
LE
DURABLE
OBJECTIVE
• Christian Louboutin v Zara• Christian Louboutin v Yves
Saint Laurent
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Trade mark law
Unfair advantage?
Detrimental?
Yes!
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Passing off
• Goodwill• Misrepresentation• Damage
Rihanna v. Topshop
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Copyright law
• The idea/expression dichotomy
• Originality• Fixation & tangibility
COPYRIGHT
LDMA/PRIMARY WORKS
LITERARY WORKS
DRAMATIC WORKS
MUSICAL WORKS
ARTISTIC WORKS
ENTREPRENEURIAL/
SECONDARY/DERIVATIVE
WORKS
SOUND RECORDING
S
FILMS
BROADCASTS
TYPOGRAPHY RIGHT
• Thierry Berthelot v Van Cleef & Arpels
• Ownership of copyright & the employee author
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Design law
• European directive on the legal protection of designs (1998)
• European regulation on community designs (2002)
• North American Innovative Design Protection Act (IDPA)
REGISTERED
DESIGNELEMENTS•DESIGN•NOVELTY•INDIVIDUAL CHARACTER
•EXCEPTIONS TO REGISTRATION
INFRINGEMENT
PROTECTION OF SPARE
PARTS
SECONDARY
DESIGN RIGHT
REQUIREMENTS•A DESIGN•QUALIFICATION OF THE DESIGN
•ORIGINALITY•DESIGN MUST BE RECORDED
•DESIGN MUST NOT BE EXCLUDED
OWNERSHIP
INFRINGEMENT• PRIMARY• SECONDARY• EXCEPTIONS
REMEDIES
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Position statement
Is it preferable for luxury goods companies to protect their IP rights from the inception of their newly created products & services?
Should luxury businesses allocate substantial resources for the registration of appropriate trade marks, patents, designs, copyrights, etc.?
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Case study: Gucci v Guess
Intellectual property & the fight against counterfeiting in the luxury sector
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The dark side of success: counterfeiting, the fight against it, regulating e-commerce & consumer protection
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Counterfeiting: a problem?
What?
Where?
By whom?
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Does counterfeiting cause any damage?
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How does a luxury house keep products from being counterfeited?
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How to address the sale of counterfeits online?
Best practices
for Marketplac
e Sites
Best practices
for Shopping
SitesBest
practices for Search
Sites
Best practices for Payment Service Providers (PSPs)
Best practices for Trademark Owners
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Position statement
Do you agree with Patrizio Bertelli, Prada CEO and Miuccia Prada's husband, that counterfeiting organisations are good for business, because they create jobs and also give additional fame and appeal to companies which goods are counterfeited?
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Conclusion
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IP law & luxury course @ HEC Luxury Certificate:
Intellectual property & the fight against counterfeiting in the luxury industry
Annabelle Gauberti
Founding partner
@Crefovi on Twitter
