Published: November 2, 2023

Intellectual Property

The fashion industry thrives on creativity, innovation, and trendsetting. But it’s also highly competitive, with designers constantly facing the risk of copycats and brand dilution. Protecting your creative output is essential, and this is where intellectual property (IP) rights come into play. In this guide, we explore the key IP tools that Nigerian fashion brands can use to safeguard their designs and brand identity.

Understanding Intellectual Property in Fashion

Intellectual property rights are legal protections for original creations. In the fashion world, these mainly include:

• Trade marks
• Design rights (registered and unregistered)
• Copyright
• Patents (less common in fashion)

These rights help designers, fashion houses, and creatives maintain exclusivity over their work, prevent unauthorised copying, and enhance commercial value.

Trade Marks in Fashion

A trade mark is a distinctive sign or symbol that identifies a brand and distinguishes it from competitors. For fashion brands, trade marks can include:

• Brand names and logos
• Slogans and taglines
• Unique elements (e.g., Louboutin’s red soles or Burberry’s tartan pattern)

Why trade marks matter:

• Protect against counterfeiting and brand dilution
• Allow consumers to identify and trust your brand
• Enable legal action and financial remedies if infringement occurs

In Nigeria, trade marks are registered through the Trademarks, Patents and Designs Registry. Choosing the right trade mark classes ensures your brand is fully protected across the relevant goods or services.

Registered Design Rights in Fashion

Design rights protect the visual appearance of a product, including its:

• Shape and contours
• Colours and textures
• Surface decorations
• Materials and patterns

Registered design rights give designers exclusive use of a new and original design. Infringement occurs when another product creates the same overall impression on an informed user. This differs from copyright or unregistered designs, which often require proof of actual copying—a more challenging standard to meet.

Textile vs Non-Textile Designs in Nigeria:

• Textile design registration: Protects patterns, motifs, and surface decorations on fabrics. Can be layered with copyright for stronger protection.
• Non-textile design registration: Covers three-dimensional shapes and construction features, such as the silhouette of a dress or shoe. More difficult to protect, especially for standard clothing shapes.

Tip: Always consider registering designs early in the design process to secure your rights.

Copyright in Fashion

Copyright protects original creative works such as:

• Graphic designs and prints
• Artistic drawings
• Literary works
• Works of artistic craftsmanship

This protection is automatic in Nigeria once the work is created. Copyright allows designers to prevent others from reproducing, distributing, or selling products featuring their original designs without permission.

Patents in Fashion: Innovation and Sustainability

While patents are less common in traditional fashion, they are increasingly important for innovative or sustainable brands. Patents protect novel inventions or processes, rather than aesthetic designs, making them ideal for fashion businesses that:

• Develop new sustainable materials (e.g., recycled fabrics, biodegradable textiles)
• Create functional garments (e.g., moisture-wicking fabrics, UV-protective clothing)
• Innovate hair care, baby products, or wearable technology integrated with fashion items
• Implement eco-friendly manufacturing processes that reduce environmental impact

A patent gives the inventor exclusive rights to make, use, or sell the invention for a set period, allowing brands to monetise their innovations and differentiate themselves in the marketplace.

Tip for Nigerian brands: If your fashion business is exploring sustainability, functional innovation, or novel materials, consulting a patent attorney early can help secure rights before public disclosure, ensuring your innovation is fully protected both locally and internationally.

Challenges in Enforcing IP in Fashion

While IP rights are essential, the fashion industry faces unique enforcement challenges:

• Fast fashion: Rapid trend cycles make it hard to enforce rights before copies hit the market.
• Proving originality: Distinguishing new designs from inspired works can be legally complex.
• Global counterfeiting: International sales of counterfeit goods make enforcement across borders difficult.

Practical Tips for Nigerian Fashion Brands

1. Register early: Secure trade marks, designs, and copyright before public disclosure.
2. Use layered protection: Combine copyright, textile, and non-textile design registration where possible.
3. Document your work: Keep dated sketches, samples, and digital files as evidence of originality.
4. Monitor the market: Watch for potential infringers and take prompt legal action.
5. Seek expert guidance: Work with IP lawyers to navigate registration, enforcement, and commercialisation.

Conclusion

Intellectual property is a vital tool for protecting creativity, building brand value, and maintaining a competitive edge in fashion. By understanding and utilising trade marks, design rights, and copyright, Nigerian fashion professionals can secure their innovations, safeguard their brands, and thrive in an ever-evolving industry.

Contact Cardinal Counsel today to discuss how to protect your fashion designs, from textile prints to garment shapes, and ensure your brand is fully safeguarded.