Are Fashion Designers Better Protected in Continental Europe than in the United Kingdom? A Comparative Analysis of the Recent Case Law in France, Italy and the United Kingdom

Abstract

This article shows that despite a vast harmonization programme in the field of copyright and registered design right, the degree of protection of designers in the European Union still differs greatly. This is owed to the lack of harmonization in copyright and unfair competition laws. The article shows that not only is there a difference in the scope of protection between the common law and civil law countries but also between civil law countries. The countries chosen for the comparison are the United Kingdom, France and Italy. The article concentrates on the case law of the last 5 years and concludes that there is a need for further harmonization in the fields of copyright law and unfair competition law, as well as guidance from the European Court of Justice on the test of infringement for registered designs as it has been interpreted very differently in at least two member states.

An Expensive, Confusing, and Ineffective Suit of Armor: Investigating Risks of Design Piracy and Perceptions of the Design Rights Available to Emerging Fashion Designers in the Digital Age

“…There is little UK-focused discussion of fashion and IP protection, and almost none on the design rights available with respect to fashion in particular. Studies compare UK and EU systems (Derclaye 2010(Derclaye , 2018a or consider the UK IP protections, design rights included, in relation to the broader design industries (Carter-Silk and Lewiston 2012; Hargreaves 2011; Howe 2010; Bascavusoglu-Moreau and Tether 2011; Ahmetoglu and Chamorro-Premuzic 2012; Derclaye 2018b). These studies remain critical of the system in place, often calling for an increase in information accessible to designers and a decrease in registration costs of protections, including design rights.…”