Cultural Heritage and Fetishization of Distinctive Insignias in the Fashion Sector

Abstract

The article analyses the interface between modern and always evolving intellectual property law and atemporal cultural heritage within the fashion sector milieu. The context of the article is embedded in the issue of granting the right of protection for distinctive signs that traditional forms of creativity and innovation. Protection granted to trademarks (TM) and geographical indications (GI) supports to differentiation of particular goods and/or services from competing goods and/or services, making them more appealing to consumers through ‘intellectual property-smart; marketing and branding.

Past and future are connected realms of action and discourse, and fashion is the reflection on the current spirit of mass production. Instant demand seen in fast fashion and its coexistence with different cultural codes is not reflective of fashion identity as part of cultural heritage . In turn, there is a conflict of interest between the right of protection granted for trademarks, the right of access to works in the public domain, and access to cultural goods. There are also various sensitive non-legal issues of a commercial, cultural, ethical, historical, moral, religious, or spiritual nature that make the interface challenging.

This article attempts to approximate the relationship among fashion, the fetishization of trademark law, and more rational protection under the geographical indications regime. It studies the interactions of both legal regimes of TM and `GI, and the phenomenon of cultural heritage to see how they both can enrich and balance each other. Equilibrium shall ensure that cultural and scientific progress is not hindered unduly by the blocking effects of exclusive rights, and at the same time, there is an adequate preservation of heritage in its entirety. It is bizarre to see grotesque and illegitimate reproductions of works of art, for instance, commercial exploitation of the images of Michelangelo’s David might ridicule the artistic jewel. Also, it is dubious to attempt to register entire works, such as the famous Mona Lisa Leonardo da Vinci’s painting as a trademark.