Searching for the appropriate IP regime for fashion designs: the EU vis-à-vis the US

This paper addresses the issue of the IP protection afforded to fashion designs as such, i.e. the overall appearance of a fashion garment resulting from a specific combination of lines, contours, colours, shapes, textures and materials. In particular, the chosen perspective compares the legislative frameworks currently existing in the EU and the US systems, and then analyses two examples taken from the respective case law in order to evaluate the different practical approaches. In light of the above, some concluding remarks on the importance of an appropriate IP regime in this context will be provided.