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Brands, ‘weightless’ firms and global value chains: the organisational impact of trade mark law

Lookup NU author(s): Professor Andrew Griffiths

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This is the authors' accepted manuscript of an article that has been published in its final definitive form by Cambridge University Press, 2019.

For re-use rights please refer to the publisher's terms and conditions.


Abstract

The Rana Plaza disaster of April 2013 was the most prominent of several incidents that have highlighted poor standards of business behaviour in the supply chains of well-known brands. Analysis of these incidents has attributed these poor standards to an institutional structure in which lead firms with strategic power outsource production into global value chains and pursue business models that involve rapid product upgrading and require low costs and fast turnarounds in production such as the garment industry’s “fast fashion” business model. This article aims to complement that analysis by showing how trade marks, as the main legal anchors of brands, have reinforced the strategic power of lead firms, enabled them to outsource production and encouraged them to adopt business models of this kind. The article will also evaluate the claim that brands mitigate their harmful effects by transmitting countervailing pressure back onto their owners because they provide salient targets for bad publicity and blame, as coverage of the Rana Plaza disaster showed, which can threaten their owners with reputational damage. It will be argued that this countervailing pressure has a limited effect and cannot be relied on without more to address the issues that the Rana Plaza disaster revealed.


Publication metadata

Author(s): Griffiths AP

Publication type: Article

Publication status: Published

Journal: Legal Studies

Year: 2019

Volume: 39

Issue: 2

Pages: 284-301

Online publication date: 01/04/2019

Acceptance date: 11/07/2018

Date deposited: 12/07/2018

ISSN (print): 0261-3875

ISSN (electronic): 1748-121X

Publisher: Cambridge University Press

URL: https://doi.org/10.1017/lst.2018.40

DOI: 10.1017/lst.2018.40


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