Cultural appropriation and fashion

Abstract

The inspiration in other cultures for the design of products in the fashion sector has sometimes led to accusations of cultural appropriation. This paper reviews the different measures adopted for the protection of traditional cultural expressions in comparative and international law, and then examines the regulations applicable in Spanish law. In particular, it analyses to what extent the regulation of industrial property rights, such as trademarks, industrial design or protected geographical indications, may be of interest to strengthen their protection.