{"id":1713,"date":"2025-10-06T18:34:38","date_gmt":"2025-10-06T16:34:38","guid":{"rendered":"https:\/\/www.osservatorio-ip.it\/en\/?p=1713"},"modified":"2025-10-06T18:34:38","modified_gmt":"2025-10-06T16:34:38","slug":"the-legal-protection-of-fashion-shows-under-intellectual-property-law","status":"publish","type":"post","link":"https:\/\/www.osservatorio-ip.it\/en\/2025\/10\/06\/the-legal-protection-of-fashion-shows-under-intellectual-property-law\/","title":{"rendered":"The Legal Protection of Fashion Shows under Intellectual Property Law"},"content":{"rendered":"\n<p class=\"wp-block-paragraph\">The fashion industry remains strongly centred on the event of the runway show. The recent Milan Fashion Week, with its ability to attract international attention over a short period of time, confirms that fashion shows represent a privileged moment for the presentation of collections and for the overall expression of creativity. However, what happens after the show is equally crucial: garments, accessories, textile patterns, the concept and the format of the event continue to circulate through media, digital platforms and international commercial channels, making a multilayered legal protection indispensable.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">A fashion show is a complex creative event in which stylistic, scenographic, choreographic and audiovisual elements converge, together with the broader concept of the event\u2014understood as the underlying creative idea guiding the construction of the show. The format represents the material realisation of this concept: the sequence of looks, the scenographic set-up, lighting, music, spatial arrangement and the combination of visual and sound elements that transform the idea into a concrete experience. Legal protection must consider both aspects: the concept as an original work of authorship, and the format as a coherent and organised combination of creative components, recognising protection both for individual elements and for the overall ensemble.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Copyright law, as governed by Law No. 633 of 1941, protects the originality of the concept and its realisation through the format, while designs and models, regulated by Articles 31 et seq. of the Italian Industrial Property Code (Legislative Decree No. 30\/2005) and by Regulation (EU) No. 6\/2002, protect garments, accessories and other elements characterised by novelty and individual character. The unregistered Community design provides automatic protection for three years from the first disclosure within the European Union, thereby strengthening the protection of the overall format of the event.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Particular attention should also be paid to textile patterns and fabrics, which may be protected both as works of authorship under Article 2(10) of the Copyright Law and as registered designs or two-dimensional trademarks, thereby preventing unauthorized reproductions. Audiovisual content, including video footage and photographs, falls within the category of cinematographic or similar works (Articles 44 et seq. of Law No. 633\/1941), ensuring the proper representation and safeguarding of the format and the creations during post-event dissemination.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The contractual framework also plays a strategic role, not only in defining the ownership of rights and the limits of exploitation, but also in determining the territorial scope of protection. Agreements and licences must specify the geographical areas in which the works may be used, distributed or communicated, bearing in mind that the show, its audiovisual content and creations often circulate internationally. This helps to align legal protection with media and organisational strategy, preventing infringements in jurisdictions where the scope of protection may differ.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Finally, unfair competition, pursuant to Article 2598 of the Italian Civil Code, completes the framework of protection by safeguarding the integrity of the fashion show against imitations unfairly inspired by the format, creations, patterns or audiovisual content. The combination of legal instruments and contractual assets, together with a clearly defined territorial strategy, makes it possible to preserve the originality and identity of the event even after the show.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Fashion shows therefore represent complex creative events whose protection requires an integrated legal approach: copyright for creative works; registered and unregistered designs for stylistic elements; protection of textile patterns; safeguarding of audiovisual content; contractual instruments with clear territorial definitions; and unfair competition. The post-show phase is as critical as the event itself, as it is during this stage that creations circulate and engage with international markets and media, making a comprehensive and preventive legal strategy essential.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The fashion industry remains strongly centred on the event of the runway show. The recent Milan Fashion Week, with its ability to attract international attention over a short period of time, confirms that fashion shows represent a privileged moment for the presentation of collections and for the overall expression of creativity. However, what happens after [&hellip;]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"categories":[175,173],"tags":[206,207],"class_list":["post-1713","post","type-post","status-publish","format-standard","hentry","category-copyright","category-unfair-competition","tag-fashion","tag-intellectual-property"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.osservatorio-ip.it\/en\/wp-json\/wp\/v2\/posts\/1713","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.osservatorio-ip.it\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.osservatorio-ip.it\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.osservatorio-ip.it\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.osservatorio-ip.it\/en\/wp-json\/wp\/v2\/comments?post=1713"}],"version-history":[{"count":1,"href":"https:\/\/www.osservatorio-ip.it\/en\/wp-json\/wp\/v2\/posts\/1713\/revisions"}],"predecessor-version":[{"id":1714,"href":"https:\/\/www.osservatorio-ip.it\/en\/wp-json\/wp\/v2\/posts\/1713\/revisions\/1714"}],"wp:attachment":[{"href":"https:\/\/www.osservatorio-ip.it\/en\/wp-json\/wp\/v2\/media?parent=1713"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.osservatorio-ip.it\/en\/wp-json\/wp\/v2\/categories?post=1713"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.osservatorio-ip.it\/en\/wp-json\/wp\/v2\/tags?post=1713"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}