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2023.09.19

Miyuki Ebisawa × Mayuko Yamamoto: What Is 'Imitation' in Fashion Design? Considering Past Court Cases

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Miyuki Ebisawa, an attorney at Mimura Komatsu Law Office, presents a special feature on "Fashion Law," a legal field dealing with issues related to the fashion industry and sector. In March this year, the first-ever "Fashion Law Guidebook" was published in Japan.
Upon drafting the Fashion Law Guidebook, the Ministry of Economy, Trade and Industry initiated the 'Study Group on Fashion Futures ~Fashion Law WG~'. Ebisawa served as the vice chair of this group.
In this feature, we bring you a dialogue between Ebisawa and Mayuko Yamamoto, a Gunma University lecturer and attorney who participated in the study group, to discuss the role and importance of Fashion Law, and the challenges it faces – particularly focusing on the hot topic of imitation in fashion design.
PROFILE
Miyuki Ebisawa
Miyuki Ebisawa

Attorney (Second Tokyo Bar Association) / Fashion Editor
Mimura Komatsu Law Firm

Engaged deeply in 'Fashion Law,' dealing with legal issues related to fashion, running the legal consultation service for fashion professionals 'fashionlaw.tokyo', and founder of the specialized media mag by fashionlaw.tokyo'. Guest lecturer at Bunka Fashion College, researcher at Fashion Law Institute Japan, member of the Ministry of Economy, Trade and Industry's 'Study Group for Future Fashion' and vice chair of the 'Fashion Law WG'. Since 2022, an external director at Takashimaya Co., Ltd. Numerous publications, interviews, and lectures on Fashion Law.

PROFILE
Mayuko Yamamoto
Mayuko Yamamoto

Gunma University, Faculty of Informatics, Lecturer
Uchida ・ Samejima Law Office, Counsel Attorney
(Part-time Lecturer at Bunka Graduate University of Fashion)

Graduated from Chuo University's Faculty of Policy Studies in March 2009. Completed a Master's program in Law at Hokkaido University in March 2012. Registered as an attorney in December 2013. Joined Uchida ・ Samejima Law Office in January 2014 (current position). Began serving as a part-time lecturer at Bunka Graduate University of Fashion in April 2018 (current position). After withdrawing from the Master's and Doctoral programs at Hokkaido University Graduate School of Law, she joined the Doctoral program in Legal and Political Studies at the University of Tokyo Graduate School of Law and Politics in April 2019 (current position). Since April 2022, she has been in her current position.

The Case of Imitation in Fashion Design Under 'Unfair Competition Prevention Act, Article 2, Paragraph 1, Item 3'

EbisawaThis March, the first ever "Fashion Law Guidebook" was launched, highlighting the growing interest in Fashion Law.

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