Who holds the rights to intellectual property in the digital fashion world?

As we are witnessing continuous evolvement in the technology industry, there is simultaneous overlap as other sectors are seen to be going digital, slowly but surely. So, is it possible that the future of fashion design is destined to be all digital? This appears a highly likely possibility, however the real question lies in who owns the IP rights when such works are produced digitally.

Copyright and trade marks are responsible for the protection of the brand, its name and/or logo. However, the overall appearance of the design is protected by design rights. Thus, when a physical item of clothing is recreated digitally, the owner who would  have rights to the item in its physical form, would not have those rights extended when in digital from. 

In the latter scenario, the ownership shall reside with the 3D designer or the agency under which they are employed by. If the correct contract is in place, ownership could be transferred back to the original creator of the piece. Alternatively, a license agreement could be put into place, which would enable the original owner to use the 3D design under specified conditions, for example a certain period of time.

If you have any queries regarding the above article or would require assistance with an alternative matter, please do not hesitate to get in touch with expert solicitors at Lawdit today.

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