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  • 2 - Intellectual Property Law and the Dream of Post-scarcity Society

  • from Part I - Theoretical Frameworks
  • Edited by David Tan, National University of Singapore, Jeanne Fromer, New York University, Dev Gangjee, University of Oxford
  • Book:
    Fashion and Intellectual Property
    Published online:
    27 October 2025
    Print publication:
    13 November 2025, pp 49-66
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  • Summary

    Luxury fashion seeks to aestheticize scarcity and transform its possession into a sign of social distinction. Intellectual property law plays a crucial role in this process. This essay considers the social function that intellectual property law may continue to play in a purportedly ‘post-scarcity’ society of the future. It asserts that though intellectual property law has long played a technologically progressive role in modern societies, its social function in such societies has been and will continue to be largely reactionary. Even in an otherwise post-scarcity society, intellectual property law will be used, as it is already being used, to preserve ‘social scarcity’ and regulate signs of social distinction.