CITMA 2017: Fashion houses need new ‘strategy’ for designs post-Brexit

Fashion houses will need to have a new strategy for their designs after Brexit, according to David Stone, partner at law firm Allen & Overy.

Stone was speaking at the Chartered Institute of Trade Mark Attorneys (CITMA) spring conference in London on Friday, March 17.

He discussed registered and unregistered design rights in relation to the fashion industry, which he said was a “fast-moving sphere”.

Stone outlined the five forms of design protection currently available in the UK: registered Community designs, unregistered Community designs (UCD), UK registered designs, UK unregistered designs, and UK copyright.

For designers and rights owners, he said that this is a “good patchwork of rights” to work with in the UK.

However, he warned that fashion houses and designers will need to have a “new strategy” for protecting their designs post-Brexit.

Stone advised delegates to register their designs now in the UK and EU.

He also said that IP lawyers should not rely on grace periods in other countries post-Brexit and that the UK “must” accede to the Hague Agreement for Industrial Designs.

The Hague System is implemented by the World Intellectual Property Organization and allows an IP owner to register up to 100 designs in 66 countries through one application.

Stone added that the UK needs something “simple” like the UCD.

CITMA’s spring conference ended on Friday, March 17.

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