Typically, we believe that patents protect most industries by allowing the original creator to safeguard his idea. In her Ted Talk, Johanna Blakley claims that the fashion world's incessant creativity sprouts from its free culture. The fashion industry does not rely on patents to protect clothing ideas and apparel, and Blakley argues that it thrives because of this.
The reason the fashion industry did not have copyright protection is because American courts decided that apparel is far too utilitarian and commonplace to qualify for copyright certification. Without patents, the fashion industry has thrived from being able to bounce ideas from all sources - the person down the street who has great fashion sense to the French designer. Some may have even literally copied each other. Thus, to stay competitive, designers around the world have had to come up with new fashion ideas and trends that would draw in their customers.
Still, Blakley claims that the ability to copy fashion ideas makes clothes available to everyone: those that want Gucci purses but can't pay 2k can afford knockoffs for cheaper prices, while wealthier individuals who care for the genuine name-brand purses will gladly pay $2400 for the Gucci purse in store. And, this is why the high-end fashion industry has been so successful, despite the lack of patents to protect from the production of knockoffs: because their customers base remains wealthy and loyal.
This ability to sell both expensive and lesser versions of original ideas could possibly play out well in the drug industry, which is currently controlled by pharmaceutical companies who can afford R&D to create restrictive patents. This is problematic, as poorer individuals who need the drugs oftentimes can't afford to buy expensive drugs ; they would largely benefit from an increase in generic drugs. In the drug case, the fashion industry practice of having unrestricted production of ideas could save lives by making generic drugs more accessible to those who need them.
No comments:
Post a Comment