Are Fashion Designers Better Protected in Continental Europe than in the United Kingdom? A Comparative Analysis of the Recent Case Law in France, Italy and the United Kingdom

This article shows that despite a vast harmonization programme in the field of copyright and registered design right, the degree of protection of designers in the European Union still differs greatly. This is owed to the lack of harmonization in copyright and unfair competition laws. The article shows that not only is there a difference in the scope of protection between the common law and civil law countries but also between civil law countries. The countries chosen for the comparison are the United Kingdom, France and Italy. The article concentrates on the case law of the last 5 years and concludes that there is a need for further harmonization in the fields of copyright law and unfair competition law, as well as guidance from the European Court of Justice on the test of infringement for registered designs as it has been interpreted very differently in at least two member states.