Governing the fashion industry (through) intellectual property assets: systematic assessment of individual trade marks embedding sustainable claims

Abstract

With an upsurge of international movements calling for greater environmental and social responsibility, the fashion industry is witnessing a proliferation of socio- and nature-inspired trade marks, conveying subtle and nuanced messages related to intangible and—possibly—sustainable business practices. These IP assets allow companies to transfer information on the so-called credence attributes, which empower consumers to select products reflecting, not only their instrumental preferences, but also their values. In such a context, trade marks are leading the shift from official regulatory regimes to information-based forms of private governance that merge elements of IP, human rights, and environmental law. The prominent role of trade marks as a governance tool in the fashion industry is not an isolated phenomenon, but is rather part of a wider shift from public regulation to non-state market-driven schemes, where the latter are seen among the few viable responses to overcome political and economic barriers to transnational business...