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Comparative Сountry Сase Studies of Intellectual Property in the Fashion Industry: Russia and Italy

Student: Shimanko Daria

Supervisor: Tatiana Tereshchenko

Faculty: School of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2018

In the conditions of high competition existing between manufacturers, both Russian and foreign, the protection of national designers creating original design products should include effective legal tools to combat copying and deliberate borrowing, as well as provide timely legal protection. The legislation of the Russian Federation does not exclude the possibility of protecting design works with the help of existing legal mechanisms, namely through the provisions of copyright and patent law. However, due to the specific nature of the product of fashion, expressed in its short life-cycle, as well as following fashion trends and consumer interests, legal protection through copyright and patent law does not achieve the proper level of legal protection. Thus, this study contains an analysis of the existing mechanisms of legal protection of the object of fashion in Russia and Italy - the third country in the world in terms of the size of the design industry. Based on the analysis of Russian and Italian legislation in the field of design, doctrine and jurisprudence, the study identifies the advantages and disadvantages of existing legal mechanisms for the protection of fashion design, and suggests ideas for improving Russian legislation in this area. The details of copyright and patent and legal protection of the object of fashion in Russia and Italy, as well as non-traditional ways of protecting objects in the design sphere, will be examined in detail.

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