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ARTICLE · 15 NOVEMBER 2023

Intellectual Property Rights For Shoes - A Summary

Marks & Clerk
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Marks & Clerk LLP was founded in 1887 by George Croydon Marks, who was joined in partnership by...

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The linked article, recently published by the EUIPO, provides an excellent breakdown of the Intellectual Property Rights available for footwear.

European UnionIntellectual Property

The linked article, recently published by the EUIPO, provides an excellent breakdown of the Intellectual Property Rights available for footwear. A topic that is particularly relevant to me because, as anyone who knows me can attest to, I love shoes. But this topic is also particularly relevant to shoe designers and manufacturers because, according to data published by the EUIPO in 2020, the footwear industry is ranked as the third most affected by counterfeit imports into the EU.

While there can be many patentable elements of shoes, particularly in this new world of wearable technology, it can be readily assumed that the majority of IPR infringement in the footwear industry relates to designs and trade marks. There is just so much distinct but replicable iconography - the Nike swoosh, the Veja V, the Adidas stripes, the Vans waffle soles, and that's just within the realm of trainers. And, staying in the world of trainers, that iconography is increasingly visible in

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