Summary

On the one hand, fashion is a form of art, but on the other, it is inseparably connected to the globally influential fashion industry. The fashion industry is, however, a branch of industry, where competitiveness is foremost dependent on the shrewd use of intellectual property and its protection. In this regard, the unique design of a work of art in fashion is the most important factor and determines a person’s or company’s success in the fashion industry.

The fashion world is characterised by a rapid change in fashion which also affects the fashion industry. The fashion industry also knows no borders, and designers, distributors and consumers follow developments in the international fashion world. A work of art in fashion is often born out of inspiration that a designer receives from another designer’s previous work. Yet there is a very thin line between being inspired by and illegally copying another person’s work.

This article examines the general principles behind the legal protection of works of art in fashion which have been accepted at the international level and which have served as the basis for national legal protection regimes in a number of countries. Due to the international nature of the fashion business, the article also addresses cross-border protection of works of art in fashion where the legal regimes of different countries overlap.