On 20th August portal Fashionbusiness.pl published an article by Andrzej Przytuła, advocate and partner, and Natalia Dyda, legal advisor: „Was Zara selling counterfeit versions of legally-protected Diesel jeans and Marni footwear? How to protect designs”.
According to EU regulations both registered and unregistered designs are protected. To gain the protection, both designs must be new and have an individual character. The protection affects to an esthetic outfit of a product. However, unregistered design in comparison to registered design, whatever the similarities are, is characterised by several own features that affect on its protection.
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The whole publication is available on Fashionbusiness’ website (in Polish only): http://fashionbusiness.pl/czy-zara-podrobila-projekty-spodni-diesel-i-sandalow-marni-jak-chronic-wzory/

Photo source: https://pl.diesel.com/en/home

Photo source: http://www.marni.com/pl/shop-online/women/fussbett

Photo source: https://euipo.europa.eu/eSearch/#details/designs/002649491-0002