Italy enacted its design law in 1868, subject to revisions, which provides legal protections for ornamental designs, including fashion designs, reflecting the early value placed on ornamental and industrial creativity during a period of industrialization and artistic flourishing. This law has been subject to several revisions over time, including the significant 1940 legislation, which further addressed ornamental designs and formed a basis for modern Italian intellectual property law.
Today, Italian copyright law protects fashion designs under the category of “industrial design works that have creative character or inherent artistic character.” (WIPO). This protection is outlined in Law No. 633 of April 22, 1941 (as amended), and further defined by judicial interpretations over time. The threshold for copyrightability is relatively high, requiring that the design transcend mere functionality or trendiness and embody artistic or cultural significance.
To meet the legal standard for protection, Italian courts generally require a design to demonstrate the following criteria:
A particular degree of creativity – The design must go beyond basic craftsmanship or common trends and reflect a degree of imaginative or artistic innovation.
Novelty – The design must be new, meaning it cannot be identical or substantially similar to existing works.
Objectification or externalization – The creative concept must be expressed in a tangible, perceptible form, such as a garment or accessory.
Affiliation to art or culture – The design must be linked to artistic, cultural, or symbolic expression, distinguishing it from purely functional or utilitarian objects. (Academia)
Much like France, Italian copyright law grants both economic and non-economic (moral) rights to the author of a protected work. These include the right to be recognized as the author, to oppose unauthorized alterations, and to economically exploit the work. The economic rights last for the life of the author plus 70 years after death, and protection is automatic upon creation, with no registration requirement necessary to enforce rights—although registration can be helpful for evidentiary purposes in litigation.
The strength of this legal framework has enabled designers and fashion houses in Italy to vigorously defend their work. A notable example occurred in 2008, when Italian design company Blufin S.p.A., the parent of fashion label Blumarine, brought suit against an unnamed Naples-based firm for allegedly copying several of its original designs. The case, presided over by Judge Gabriella Ratti, resulted in a significant victory for Blufin. The court issued an executive order requiring the immediate and permanent cessation of all infringing sales and further compelled the defendant to buy back any infringing garments that had already been sold to retailers. (TFL)
This case illustrates the effectiveness of Italian design law not only in recognizing the artistic merit of fashion but also in enabling swift legal remedies against infringement. Italy’s legal model thus plays a vital role in supporting its renowned fashion industry, protecting both the creative process and the commercial integrity of brands that form a cornerstone of its national identity and global reputation.