Freedom of inspiration is an essential element to the fundamental right of cultural creation. However, freedom of inspiration should not be confused with a right to copy. Fashion designs can be protected by intellectual property rights (IPR). The articles within this theme aim to analyse the constitutional dimension of intellectual property applied to fashion designs and, therefore, comprise subjects related to: design piracy, counterfeiting, trademark, copyright, trade dress, patent ownership, freedom of competition, free initiative versus closed monopolies, overruns, parallel imports or local communities and indigenous peoples’ rights to royalties and compensation for the use of their cultural heritage.

 

Illustration: Sewing Intellectual Property Protection by Catarina Pinto