The protection of the fashion industry : an analysis from an intellectual property rights perspective

Abstract

The aim of this study is to explore the constitution of the fashion industry and the way fashion designers may legally protect their innovative work and ideas. This study will commence with a brief look into the history of fashion and the manner in which clothing has evolved through time. This will lay the foundations for the rest of this analysis, and the legal innovations and developments will also be discussed in particular detail. This study will also make specific reference to the legal tools available to the fashion industry, including the main intellectual property tools such as trademarks, copyright, patents, and design rights. These will be examined in great detail in order to establish the particular way each of them is able to protect a designer's intellectual creative work. Counterfeits and pirated goods will also be discussed, where a thorough examination will be made regarding the way they impact the original products, if at all. In addition, the applicable international treaties and conventions, European Union regulations and the domestic legal protection that is granted to fashion designers will be analysed. Furthermore, this study seeks innovative room for improvement with the ultimate scope of affording protection to the designer‟s work, ideas and creative skills in order to ensure that the fashion industry will not come to a halt due to lack of protection. The study will ensure that this is achieved by suggesting a welcoming legal framework in order to encourage designers to keep investing in new and original products and designs.