Sustainability in Fashion: New Perspectives and Post-Ecodesign Regulation Conflicts

Abstract

The article first offers some reflections on the impact of the Ecodesign Directive, particularly on the ban on the destruction of unsold garments and on the mandatory Patent Digital Product that companies are required to comply with as part of the European project to develop sustainable fashion. It then presents the phenomenon of upcycling as an example of circular economy processes, highlighting, through case law analysis, its friction with intellectual property rules, which prove inadequate for a circular economy. Drawing on these reflections, it advances proposals that aim, on the one hand, to avoid undermining the protection of intellectual property and fair competition and, on the other, to promote a circular economy model