Design rights in the fashion system

This article explores the key role of design rights in the fashion industry, emphasizing their significance in protecting product shapes and visual elements. It covers diverse design rights, including Registered Community Designs and Unregistered Community Designs. The discussion delves into European law definitions of protected design elements, focusing on novelty and individual character requirements. Case studies illustrate instances of design infringement. The intersection of design rights with other intellectual property, such as trademarks and copyright, is also addressed. It anticipates future developments, discussing proposed revisions to European design regulations to encompass dynamic features and digital designs and highlights the ongoing evolution of design law to adapt to brands’ creativity and technological advancements in the industry.