There’s something you and I do: we see a design from our favourite designer, we love it, we take a screenshot or download the photo and send to our tailor to make. Or, if you’re a tailor, you tell your clients there are newer and latest designs in town – all made by our favourite designers, of course. And even if you’re a designer and you see a design going viral and making waves in the fashion space, what’s stopping you from recreating. After all, we are all ‘inspired’ by professionals we love and admire, right?
But what happens when a designer recreates another brand’s design and passes it off as their own? Do we leave it as just inspiration, the nature of fashion, or does it cross into intellectual property (IP) infringement? The Nigerian fashion industry is bursting with creativity, from richly embroidered aso-oke to avant-garde streetwear. But in the age of social media, where trends spread at lightning speed, the lines between inspiration and imitation can get blurry.
What is Intellectual Property in Fashion?
Fashion designs may not always have clear-cut legal protection, but they fall under different aspects of IP law in Nigeria:
Copyright: Protects original artistic works, including textile prints and unique fashion sketches.
Trademark: Protects brand names, logos, and distinctive symbols associated with a fashion house.
Industrial Design Rights: Protects the ornamental or aesthetic aspect of a product, including patterns and garment shapes if registered.
Passing Off: Prevents someone from falsely representing their goods as belonging to another brand.
The Legal Implications of Copying Another Brand’s Design
Recreating another brand’s design without permission, especially when marketed as an original creation, can result in serious legal consequences:
- Lawsuits & Financial Penalties – The original brand can sue for damages, and if found guilty, the infringer may have to compensate for losses or surrender profits.
- Reputational Damage – Being exposed as a copycat can tarnish a designer’s credibility and push customers away.
- Cease and Desist Orders – A brand can demand that the imitation designs be pulled from stores, leading to business losses.
- Market Ban & Business Setback – If found guilty of IP infringement, a designer might be restricted from selling in major fashion markets or even face regulatory action.
Fashion thrives on trends and reinvention, this has been so since the dawn of time, however one can navigate these murky waters through ethical and legal ways to draw inspiration. This can be by giving credit, essentially acknowledging the source of inspiration can strengthen brand credibility. You could also modify the original design significantly by transforming an idea into something original rather than duplicating it helps avoid legal issues. And, finally, register your designs. Protecting one’s own work with Nigeria’s Industrial Design Registry can prevent infringement and set a legal precedent.
The Nigerian fashion industry has the potential to be a global force, but it must be built on respect for creativity. Rather than replicating, designers should focus on innovation, collaboration, and honouring the intellectual efforts of others. After all, the true essence of fashion is self-expression, not imitation.
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