Intellectual Property Rights in the UK Fashion Industry | LegalDocuments.co.uk

Overview

Intellectual property in fashion is an umbrella term covering several distinct legal rights that protect different parts of a creative business. Some of these rights arise automatically when you create something (such as copyright and unregistered design right), while others require an application and fees to be paid (such as registered trade marks and registered designs).

Each right covers a different thing and lasts for a different period, which is why most serious fashion brands end up using a combination of them. In broad terms, design protection covers the appearance of physical items, the shape of a handbag, the cut of a dress, a distinctive print.

Trade marks protect the signs that identify your brand, such as your name, logo, and sometimes distinctive packaging or product get-up. Copyright sits alongside these, protecting original artistic works like sketches, fabric prints, lookbook photography and marketing copy. There is also passing off, a common law action that can sometimes help where a competitor trades on your goodwill without necessarily copying a registered right. Knowing which right does what is the starting point for any sensible protection strategy.

Key steps

1. Audit what you've created. Before thinking about registration, map out what your business actually owns. List your brand names, logos, product ranges, signature designs, recurring prints, photography, website content and any slogans you use. This audit is the foundation of every decision that follows, because you cannot protect what you haven't identified, and you'll often be surprised by how much creative output a small label generates in a single season. 2. Decide what to register and when. Registered rights (trade marks and registered designs) give stronger and easier-to-enforce protection than unregistered equivalents, but they cost money and take time. Prioritise the assets that define your brand long-term, your name and primary logo are almost always worth registering as trade marks, and distinctive designs you plan to sell for more than a season are strong candidates for design registration. Timing matters, particularly for designs. 3. File applications through the correct routes. UK trade marks and registered designs are handled by the Intellectual Property Office. If you sell internationally, you may also want to consider EU, US or international routes, each with its own process and costs. Check the IPO website for current fees and classifications. Getting the specification right at application stage is important, because narrow filings can leave gaps and overly broad filings can be challenged. 4. Put contracts and confidentiality in place. IP rights only work if you actually own them, and in fashion that often depends on paperwork. Freelance pattern cutters, photographers, illustrators and print designers all create copyright works, and unless there's a written assignment, that copyright usually stays with them, not you. Use clear commissioning agreements, assignments and non-disclosure agreements with manufacturers, showrooms and collaborators from day one. 5. Monitor, enforce and review annually. Protection is not a one-off exercise. Set up basic monitoring for counterfeits on marketplaces and social media, keep a record of when your designs were first made public, and renew registrations on time. Each year, revisit your portfolio to decide what is still commercially relevant, what new filings are needed, and whether any rights should be allowed to lapse. Enforcement options range from takedown notices through to court proceedings.