Unregistered design rights in the fashion industry

July 28, 2015, By

How to stop your fashion designs being copied?

Under EU law, protection for unregistered designs comes via Council Regulation (EC) No. 6/2002 on Community Design.

In order for a design to be considered to have individual character, the overall impression which that design Systems produces on the informed user must be different from that produced on such a user by one or more earlier designs, this taken individually, or by a combination of features taken in isolation and drawn from a number of earlier designs (under Article 6 of the Regulation).

Legally, it is up to the designer asserting unregistered design protection to prove individual design aspects which constitute individual character within the meaning of Article 6 of the EU Regulation.

At Briffa, we would always recommend registering creative designs as the existence of a registered design on a public register is often enough on its own to stop others from trying to exploit your design.