Artificial Intelligence: Friend or Foe to Fashion in Consideration of the Functionality Doctrine?

摘要

With fashion being subject to technological changes in manufacturing practices, this article examines whether AI technology is a friend or foe to fashion in consideration of intellectual property rights as they relate to the limitations of the doctrine of functionality. The article examines how AI technology is used within the fashion industry, and explores the relationship between programming and functionality. The limitations of the doctrine of functionality are explored through copyright, trade marks and design rights, specifically in application to the fashion industry.