Nachahmungsschutz und Schutzrechtskumulation am Beispiel von Modekreationen

The dissertation aims to fit the protection of fashion designs against design copying into a tailored system. The status quo of the protection of fashion designs against design copying is analysed according to German, English, Japanese and US-American Law. Fashion designs can principally be protected according to both, various Intellectual Property rights and Unfair Competition Laws and/or Passing-off. The expansion of Intellectual Property rights and Unfair Competition Laws and/or Passing off lead to the phenomenon of overlapping rights: here, a single design aspect can be jointly protected by various rights. Overlapping rights can be counterproductive when aiming to achieve a well-balanced environment of Intellectual Property rights and Unfair Competition Laws and/or Passing off.

The author pleads in favour of implementing a low level of protection and to grant fashion designs protection only by virtue of one single right: the Design right.