Abstract

CASCON, Fernando Carbajo. Imitación de diseños de Moda en España. Cuad. Cent. Estud. Diseñ. Comun., Ensayos [online]. 2024, n.128, pp.17-40.  Epub Nov 11, 2023. ISSN 1853-3523.  http://dx.doi.org/10.18682/cdc.vi128.4852.

The fashion sector is constantly subjected to the pressure of imitation, normally designers and entrepreneurs resort to intellectual property rights (industrial design and brands) to avoid the copying, imitation or usurpation of their creations and products. Despite the high cost involved in the procedure for granting intellectual property rights in an industry in constant renewal, it determines that many creations and services are orphaned of protection through exclusive rights, and, therefore, exposed to imitation by competitors after recognizing the legislation the principle of free imitation in the market. Unfair competition law serves as a complementary tool to combat behavior that exceeds what is reasonable, but its application is restrictive and will always depend on the circumstances in each specific case.

Keywords : imitation; fashion market; intellectual property; unfair competition..

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