Protection of fashion under the terms of IP and its considerations

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Intellectual Property is divided into two large areas, copyright and industrial property. In order to see them applied to the fashion industry, both within the national and international context, we will be addressing each of them in greater depth. 

The fashion industry has the particularity that garments can be protected through the work of applied art (belonging to the area of ​​Copyright) and through industrial design (from the area of ​​Industrial property).

Work of Applied Art

It refers to works that apply artistic elements to objects of practical use, including textile designs. Works of applied art have the following requirements:

    • Possess an aesthetic beauty that is applied to an object;
    • Have a practical and useful utility that meets human needs.

Industrial design

On the other hand, fashion garments can also find protection through industrial drawings or designs, and these refer to the ornamental or aesthetic aspect of a product that may contain two-dimensional or three-dimensional features. It is necessary to mention that the importance of protection through industrial design or drawing lies in the fact that, due to its aesthetic appeal, the commercial value of the product and its sales possibilities increase.

Likewise, both works of applied art and industrial designs and drawings share certain characteristics, such as: Read more

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