France enjoys the most extensive and longstanding legal protections in connection with fashion designs. Its copyright system extends protection to any “original work of the mind.” The French system covers any work of the mind and does not consider what kind or the form of expression that embodies the work. The French copyright requirement differs from the United States, which requires “an original work fixed in a tangible medium of expression.” The United States does not include garment or fashion designs in its list of copyrightable subject matter. (Hahn Law).
Historical Foundations
France’s commitment to protecting creative design dates back centuries. As early as the 15th century, legal recognition was granted to textile fabrication, marking an early acknowledgment of the economic and cultural value of design work. More formally, the Decree of 19–24 July 1793 codified the concept of literary and artistic property as a national right, extending legal protections to designs as “pure art.” (J. H. Reichman).
This legal foundation was reinforced through further legislation, including the design law of 1806 and the law of July 14, 1909, which refined sui generis protections for industrial and applied arts. These early developments paved the way for modern fashion protection in France and contributed to the country’s emergence as a global fashion capital.
Contemporary Copyright Law in France
The current structure of French copyright law is codified in the Code de la Propriété Intellectuelle, particularly in Article L.112-2, which enumerates the types of works eligible for protection. Among these is category 14, which includes “creations of the industries which produce seasonal articles of clothing and fashion.”
Crucially, this legal protection:
– Applies automatically upon the creation of an original design;
– Does not require registration or any formal filing;
– Covers both economic and moral rights, giving creators control over reproduction, adaptation, and public attribution;
– Lasts for the life of the author plus 70 years, in line with European Union directives.
This approach contrasts with the European Union’s Community Design Right framework, which distinguishes between registered and unregistered designs and offers shorter durations of protection for unregistered works. While EU design laws still apply within France, French copyright law often provides a broader, more consistent layer of protection—especially for luxury fashion and haute couture.
Judicial Enforcement and Case Law
French designers have successfully relied on national copyright law to pursue legal action against copyists, including international fast fashion retailers. Two prominent examples involve Spanish giant Zara:
– In Vanessa Bruno v. Zara France (CA Paris, Oct. 17, 2012), designer Vanessa Bruno sued Zara for allegedly copying a dress design. The court ruled in favor of Bruno, reaffirming that fashion designs—no matter how simple—can be eligible for protection if they meet the originality threshold.
– In Céline v. Zara France (CA Paris, Feb. 27, 2013), luxury fashion house Céline filed suit for the unauthorized reproduction of a shirt design. Again, the court recognized the protected status of the original design and held Zara accountable for infringement.
These cases underscore the strength of France’s legal framework in addressing infringement and reinforce the country’s reputation as a jurisdiction that takes design rights seriously.