Fashion is a business like any other, except it is the creative kind. Each year designers try their best to offer something new. Even if they decide to remain within a certain trend, they seek to revive it by giving it a fresher look. In a way, an ordinary LBD, yet a different LBD.
Fashion companies invest a lot of time and money in creating their products. It is not only about production, which in most cases is not excessively expensive. Even so, a properly tailored suit or coat is not that common. Fashion houses put enormous effort into making their product popular among customers. In other words – desirable.
The basic market assumption is simple. Competition is allowed but it must be fair. It is not about copying what other have already done but about improving the market by offering new, updated or simply better-looking products.
Protecting Fashion – How To?
On the grounds of Polish law, we are provided with several options.
The first option
A trade mark may be any marking capable of being represented graphically, if it is capable of distinguishing the goods or services of one undertaking from those of another. The procedure begins with an application lodged to a competent Patent Office. It is completed upon receiving an approval from domestic, European Union’s or international registry. Trademarks may take form of words, phrases, symbols or even shapes.
The second option
Considered as a work is any and all manifestation of creative activity of individual nature, established in any form, irrespective of its value, designation or manner of expression. The rights to a work are not subject to any kind of registration. While evaluating creative qualities of intangible goods, one should always consider each case separately.
The third option
An industrial design is a new appearance of a product or part thereof of individual character resulting from the features of, in particular, the lines, contours, shape, colours, texture and/or materials of the product itself and/or its ornamentation. Protection, along with a right in registration, is granted, like in case of trademarks, upon receiving an approval from a competent Patent Office.
The fourth option
Suppression of Unfair Competition Act.
The act regulates the relations between entrepreneurs. Its purpose is to protect fair competition. Apart from providing a general, legal definition of “an unfair act of competition”, the act includes specific types of actions such as slavish imitation.