Sustainable fashion and intellectual property: tension or opportunity?
Upcycling and dupes are more than just trends in the fashion industry — they represent a real test of the ability of intellectual property law to keep pace with sustainable innovation.
In an article published in Observador, Beatriz Lima, partner at NLP, raises the question: is it possible to reconcile practices such as upcycling and dupes — increasingly popular in sustainable fashion — with the protection afforded by intellectual property?
The article analyses recent disputes that illustrate the legal challenges that arise when sustainability and exclusivity intersect, in an increasingly relevant debate in the courts, among IP law professionals, and in public opinion.
As Beatriz Lima points out, “restricting more sustainable practices can stifle innovation and perpetuate an unsustainable model, but devaluing the protection afforded by IP law can also compromise the creativity and originality of fashion.”
