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IP Rights & the Fashion Business

  • By Studio Legale Scognamiglio
  • Febbraio 16, 2024
  • 0 Comment

Today, London Fashion week celebrates its 40th anniversary.
What does ๐…๐š๐ฌ๐ก๐ข๐จ๐ง and ๐‹๐š๐ฐ have in common? Maybe more than one can imagine.
Industrial designs need to be protected to reduce the risk of imitations, to develop business partnerships and to enhance competitiveness of all types of businesses in the fashion industry.


Registration of a design helps the owner to prevent all others from exploiting its new or original ornamental or aesthetic aspects.
Despite this, among the most cited explanation for not registering fashion designs is that the short product life cycle โ€“ often no more than one six-to-twelve month, season โ€“ does not justify the considerable time and financial cost involved.
To foster the protection of industrial design, the European Union offers anย unregistered form of protectionย for industrial designs for a relatively short period of time. This constitutes an important help for companies with limited budgets, and for all those that wish to test market new designs before deciding which to register.


But there is more! For Fashion items with a long life span it is crucial to be protected against any kind of possible imitation and to prevent others from using the design. For this reason, companies can file an application for a registered industrial design to the ๐„๐ฎ๐ซ๐จ๐ฉ๐ž๐š๐ง ๐”๐ง๐ข๐จ๐ง ๐ˆ๐ง๐ญ๐ž๐ฅ๐ฅ๐ž๐œ๐ญ๐ฎ๐š๐ฅ ๐๐ซ๐จ๐ฉ๐ž๐ซ๐ญ๐ฒ ๐Ž๐Ÿ๐Ÿ๐ข๐œ๐ž (๐„๐”๐ˆ๐๐Ž). It is also possible to request at the time of filing that the publication of the application be deferred for up to 30 months. In this way, the EU also protects those who may want to keep their design secret until it comes to market.