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  • 7 - Barriers to Enforcing Design Rights over Fashion in the United Kingdom

  • from Part II - Intellectual Property Rights: Copyright, Trademarks, Patents and Registered Designs
  • Edited by David Tan, National University of Singapore, Jeanne Fromer, New York University, Dev Gangjee, University of Oxford
  • Book:
    Fashion and Intellectual Property
    Published online:
    27 October 2025
    Print publication:
    13 November 2025, pp 185-214
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  • Summary

    Working from the premises that fashion designers ought to enjoy some form of intellectual property protection over their creations and that they benefit from such protection, this chapter explores the problems that fashion designers are likely to face when seeking to enforce their rights in the United Kingdom. Like other commentators, we conclude that designs law in the United Kingdom is a mess and is in need of reform. We also argue that Brexit has made the problems faced by designers worse, without necessarily creating the policy space for meaningful national reform. One consequence may be that designers are likely to rely even more heavily on the copyright system, but this merely shifts the tensions of Brexit from the legislative and political realms to the judicial realm.