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3D Printing and Beyond

Intellectual Property and Regulation

Edited by Dinusha Mendis, Mark Lemley and Matthew Rimmer

This ground-breaking and timely contribution is the first and most comprehensive edited collection to address the implications for Intellectual Property (IP) law in the context of 3D Printing and Additive Manufacturing. Providing a coverage of IP law in three main jurisdictions including the UK, USA and Australia. 3D Printing and Beyond brings together a team of distinguished IP experts and is an indispensable starting point for researchers with an interest in IP, emerging technologies and 3D printing.
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Rosie Burbidge

The European Union has a fairly strict legal regime as far as e-commerce is concerned. This has helped e-commerce to become trusted and widely adopted across Europe. In order to do business within the EU, there are important requirements that all businesses must follow when doing business in Europe. These include information that must be provided up front, pricing transparency (all taxes must be set out and delivery costs clearly have the right privacy policy in place. This chapter introduces each of these legal issues and places them within a practical context. It also considers the European legal issues which are on the horizon but have not yet entered law such as geo-blocking within the EU and potential changes to EU competition law.

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Rosie Burbidge

Agents and distributors are essential to the success of the fashion industry. They enable new brands to grow and to reach new markets around the world. It is therefore important to understand the difference between the two as well as the associated legal risks, particularly in a European context. This chapter looks at the impact of the Commercial Agents Directive as well as specific agreements such as selective distribution agreements. It also considers the impact of e-commerce and in particular, the ability that some luxury businesses may have to restrict the sale of their good on popular marketplaces such as eBay and Amazon.

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Rosie Burbidge

There is a lot of panic in many businesses about European data protection law. This chapter, introduces the key concepts and issues that businesses have to comply with under the General Data Protection Regulation (GDPR). It also dispels many myths and provides practical guidance for finding a lawful basis for processing data and conducting a data protection audit of a fashion business. It looks at data breaches and the explains why compliance with data protection law is in the interests of all businesses regardless of where they are located.

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Rosie Burbidge

Contract laws and basic principles vary substantially in Europe particularly between countries which come from a common law compared to a civil law tradition. This chapter looks at the most important differences such as pre-contractual liability, misrepresentation, unfair contract terms, good faith and the abrupt termination of commercial relations. It guides the reader through the basic features of a contract and identifies the issues that can commonly go wrong when drafting European contracts so that the reader can avoid a similar fate.

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Rosie Burbidge

This chapter introduces European employment law and its associated legal issues. When is an employee actually a contractor (and vice versa), this chapter gives you some handy pointers to enable you to tell the difference. It covers gender pay, holiday allowances, minimum pay and termination provisions. It also considers the intellectual property position as far as the creations of employees are concerned both in terms of creative works such as copyright and designs law and the associated moral rights. More specifically as far as the fashion industry is concerned, it looks at the use of interns and the various ethical codes for models. The chapter also looks at the important question of social media both in terms of employees who are responsible for a brand’s social media and the extent to which, if any, it is possible to monitor and control and employee’s use of social media.

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Rosie Burbidge

This chapter looks at the basic questions all fashion businesses must consider when starting out including which legal structure is best and how they are going to get funding. It dives into the practical issues such as different approaches to equity splits and government incentives as well as the more modern methods of financing such as crowd-funding and online debt finance. It is a practical introduction to the legal issues and corporate structures for anyone considering starting up a new business in Europe.

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Rosie Burbidge

The internet is a very powerful tool which has enabled many businesses to grow extremely quickly. It enables near instantaneous global communications with customers and potential customers both via customer service tools such as instant messaging and chat bots and social media itself. However, it is not without its fair share of potential pitfalls. This chapter looks at some of the more common issues that face the fashion industry when conducting business online. This includes the importance of clearing intellectual property rights before using them online, an introduction to Creative Commons licences and the way in which online takedowns work. It also introduces some of the issues connected to Google advertising. These issues are considered in more detail in the context of advertising (Ch 16).

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Rosie Burbidge

The world of retail is experiencing a seismic shift where traditional bricks-and-mortar stores are struggling to decide what their new identity is going to be in the post e-commerce world. This chapter looks at the different ways in which it is possible for fashion businesses to operate a physical presence into this brave new world. The options considered in this chapter include traditional retail leases, pop-up stores and concessions in department stores. The chapter discusses the common legal issues and identifies the practical problems to watch out for together with some techniques for minimising these issues.

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Rosie Burbidge

There are numerous issues to consider when planning an advertising campaign in Europe. These range from clearing all intellectual property rights to complying with data protection law. This chapter introduces the common issues which can arise, particularly in fashion-focused advertising. It looks at misleading advertising both generally and in the context of social media including the importance of any paid ‘influencers’ identifying that they have been paid for the privilege of the post. It also examines the use of Google adwords, comparative advertising, sponsorship and celebrities both from a legal and practical perspective.