Introduction
Fashion has always been more than just clothing. It is a way for people to express themselves, share their culture and tell stories. From the elegant runways in Paris and Milan to the colourful streets of Lagos, fashion is a creative outlet for designers. In Nigeria, fashion is not only an art form, it is a thriving industry and a cultural force that reflects the country's diversity, history, and youthful energy. Yet, despite this dynamic presence, the legal protection afforded fashion designers in Nigeria remains weak and ambiguous.
At the heart of this issue lies a critical gap in Nigeria's intellectual property framework, particularly in its copyright regime. Copyright, as a form of intellectual property law is designed to protect literary, musical and artistic works.1 In theory, this should include fashion designs since many begin as sketches or illustrations which qualify as artistic works under the Nigerian Copyright Act.2 However, section 2(6)3 excludes from protection any artistic work that is intended for industrial application or mass production. This means that once a designer's sketch becomes an actual piece of clothing made in large numbers, it may no longer be protected. This only shows the draftsman could not foresee the evolving nature of the fashion industry as built to be commercial. That is, designers create patterns and styles for the possibility of exploiting these patterns and styles by making it readily available to the general public for consumption.4
This exclusion from copyright protection is deeply problematic for the fashion industry, which depends on producing clothes on a large scale for commercial success. A designer's original sketch or illustration may be protected, but once it is turned into a wearable piece, its legal protection dissolves. This leaves it vulnerable to unauthorized reproduction, imitation and commercial exploitation.
Another significant gap in Nigeria's legal sphere is the relative lack of judicial attention to fashion-related copyright disputes in Nigeria. Copyright litigation in the fashion industry is sparse and there are very few court cases in Nigeria that deal with fashion-related copyright issues. Courts often rely on precedents that fail to account for the specific nuances of design and creativity. Judges, though well-versed in other aspects of law, may lack specialized knowledge in intellectual property law. As a result, decisions in such cases may not fully protect fashion designers or reflect the realities of the fashion industry. This leads to a lack of trust in the legal system, leaving designers unprotected and without appropriate legal recourse.
In contrast, other jurisdictions have taken significant steps in protecting the fashion industry through copyright and related rights. The United States, for instance, has clarified that design elements of clothing can be copyrightable if they are separable from the utilitarian aspects of the garment.5 The European Union goes even further, offering both registered and unregistered design rights that explicitly cover fashion items. The frameworks in these jurisdictions show that it is possible to create stronger protection for fashion designers and provide insights Nigeria can incorporate into its legal system to strengthen copyright in the fashion design industry.
While Nigeria does have an existing legal framework for the protection of intellectual property in the fashion industry, notably through the Patents & Designs Act,6 the effectiveness of the framework is limited. Section 127 defines industrial designs as any combination of lines, colours, or shapes applied to a product intended for mass production. This definition could potentially include fashion design, such as textile patterns, prints, or unique garment shapes. However, section 13 sets out strict conditions for registrability. It stipulates that the design must be new and must not be contrary to public order or morality.8 A design is not considered new if it has been made available to the public in any form before the date of publication unless the creator can prove they were unaware of prior disclosure.9 These rigid requirements pose significant challenges, for fashion designers who may have already displayed their work publicly before seeking legal protection.
Nigeria has the talent, vision and the cultural wealth to stand at the forefront of global fashion. However, if the legal system fails to recognize and protect that creativity, it would be difficult for the industry to grow and explore its full potential. The time has now come for fashion to be taken seriously in Nigeria's legal space. It should now be seen as not just business, but as art and innovation that is deserving of protection, recognition and respect.
In line with the above, this article will discuss the current state of copyright protection for fashion designers in Nigeria, highlighting the legal gaps and enforcement challenges. It further draws a comparison with the copyright protection for fashion designers in other jurisdiction like the European Union and United States of America for insights. The article concludes by recommending legal reforms to ensure fashion-related copyright disputes are adjudicated with clarity and competence.
- UNDERSTANDING FASHION DESIGN AS A CREATIVE WORK
The term 'fashion design' is coined from two words 'fashion' and 'design'.
1.1 What is fashion?
Fashion is defined by Rome Business School as a set of trends and styles that characterize a specific historical period. It is more than a simple choice of clothing; it is an expression of creativity and individuality that manifests through clothing, accessories, behaviors and even attitudes.10
1.2 What is Design?
Oxford Learner's Dictionary defines design as the art or process of deciding how something will look, work, or function etc., by drawing plans, making computer models, etc.11
Having laid a conceptual foundation for 'fashion' and 'design', it is now appropriate to examine the concept of fashion design which forms the core of this writing.
Fashion Design is the art of applying design, aesthetics, clothing construction, and natural beauty to clothing and its accessories. A fashion designer creates clothing including dresses, suits, pants and skirts, and accessories like shoes and handbags, for consumers. They can specialize in clothing, accessories, or jewelry design, or may work in more than one of these areas.12
Fashion design is much more than the mere assembling of fabric into wearable pieces. It is an intricate process of artistic creation and personal storytelling through various designs and patterns. Designers are often inspired by their environment, identity and imagination to produce original pieces that serve aesthetics and symbolic functions. Just like painting or music, fashion design reflects a unique form of authorship. This is because it begins with an idea which is now developed into a visual representation often in the forms of sketches and illustrations and is ultimately expressed through fabrics or other accessories. This makes fashion design a form of intellectual labour worthy of protection.
- COPYRIGHT LAW AND ITS APPLICATION TO FASHION IN NIGERIA
The World Intellectual Property Organization (WIPO) defines copyright as a legal term used to describe the rights that creators have over their literary and artistic works.13
Copyright in Nigeria is regulated by Copyright Act 2022. Various works are eligible for copyright protection: literary works, musical and artistic works, cinematographic production, sound recording and broadcasts.14 Section 10815elaborates on the types of work protected at the instance of the aforementioned types of works. With regards to artistic works, which is central to fashion design, section 108 provides that artistic works include paintings, drawings, diagrams and so on.
Fashion design often begins with a sketch, illustration and diagrams which appear to place it in the category of artistic works. However, despite this general provision, fashion design seems to be excluded from the body of works eligible for copyright due to the proviso contained in the Copyright Act.16 This section stipulates that an artistic work would not be eligible for copyright, if at the time it is made, it is intended to be used as an industrial design. This clause essentially excludes fashion design from copyright protection because clothing designs are intended for mass production. The intended use of a design or method of replication, in this case, becomes the barrier to legal protection, despite the undeniable creativity involved.17 This seems to indicate a lack of appreciation by the draftsman that the fashion industry is built to be commercial. By virtue of the provision of section 2(2),18 originality and a fixed form of expression are prerequisites for copyright protection.19 Fashion design is a perfect fit for these requirements, but copyright protection would not be available where the provision applies.20
Therefore, copyright in the fashion design industry is capable of protecting a designer's illustrations, sketches, drawings, fabric patterns and custom-made dresses for particular individuals. For example, notable personalities like Bola Ahmed, the current president of Nigeria and Rt. Hon James Faleke, a member of House of Representatives both have custom traditional caps made solely for their use. Their caps carry certain marks publicly known to be associated with these personalities. It follows therefore that their designers may be entitled to copyright protection since both cap designers are meant for just the identified personalities and are not in any way intended to be mass produced or used as an industrial design.
On the other hand, clothing apparels and dresses which are intended to be mass produced, manufactured and further reproduced for use by the public are ineligible for copyright protection. Designers like Veekee James, Toyin Lawani, Mai Atafo, Amy Aghomi, Yomi Casuals amongst others should have appropriate legal recourse when their designs are commercially exploited, reproduced or imitated by other designers under the Copyright Act. However, these designers would only be able to sue for copyright infringement where the exception does not apply.
- BRIEF COMPARATIVE ANALYSIS OF COPYRIGHT IN THE FASHION DESIGN INDUSTRY IN NIGERIA AND OTHER JURISDICTIONS
The successful application of copyright in the fashion industry hinges on such artistic works not being intended for mass production or industrial design.21 This exception leaves designers without an appropriate legal recourse in copyright as most of their designs are intended for such purposes. This has made it necessary to draw insights from other jurisdictions on how copyright in Nigeria's fashion design industry can be better improved. This brief comparative analysis would be examined through specific case laws in other jurisdictions.
The famous case of Star Athletica v Varsity Brands22 involved a copyright dispute between two clothing manufacturers over cheerleading uniform designs. Varsity sued Star Athletica for copying its aesthetic features like stripes and chevrons. The U.S Supreme Court held that aesthetic elements of useful articles such as clothing can be copyrighted if they can be identified separately from the item's utilitarian function.
Based on this case, Nigeria could amend its Copyright Act to allow protection for aesthetic features of clothing apparels such as patterns, decorative stitching that can be conceptually separated from the functionality aspects of clothing.
In the European Union, both registered and unregistered designs are eligible for copyright protection. This is judicially reinforced in Karen Millen Fashions Ltd v Dunnes Stores.23 In this case, Karen Millen- a British fashion designer, created and sold clothing items, including a striped shirt and a black knit top for women. Dunnes Stores, an Irish clothing retailer, arranged for a company representative to purchase samples of the KMF garments. Dunnes Stores reproduced them for sale in their own stores in Ireland. Karen Millen Fashions sued for infringement of unregistered community design right under EU law and sought an injunction and damages. Dunnes Stores admitted to copying, but claimed the designs lacked individual character and were not eligible for protection. The Court of Justice of the European Union (CJEU) ruled in favour of Karen Millen Fashions (KMF) and held that a design has an individual character if the overall impression it gives to an informed user differs from any single prior design and Dunnes Stores cannot challenge originality by picking elements from multiple prior designs to argue that the design in question lacked uniqueness.
This case offers useful insight into how the European Union (EU) protects fashion design, including unregistered designs, by presuming validity and assessing originality based on the overall impression given to an informed user. Unlike the European Union (EU) approach, Nigeria's Patent & Designs Act24 limits protection to registered designs and places the burden of proof on the designer, without offering a clear standard for evaluating individual character of affected designs. Nigeria can adopt a similar approach to the European Union jurisdiction by recognizing and enforcing rights in original designs as a whole, not just based on registration status.
Nigeria can draw from both the American and European jurisdictions to improve and cater to the unique needs of the fashion design industry with respect to eligibility and application of copyright protection.
- KEY CHALLENGES AND GAPS IN THE APPLICABILITY OF COPYRIGHT IN NIGERIA'S FASHION DESIGN INDUSTRY
Copyright as a form of intellectual property faces significant challenges in its application to the fashion design industry in Nigeria.
One of the significant challenges in the fashion design industry is limited coverage of copyright laws in fashion design. As earlier discussed, the Nigeria Copyright Act 2022, does not provide comprehensive protection for fashion designs due to the exclusion in section 2(6) which withholds the applicability of copyright to works intended for industrial design such as mass-produced clothing. This gap leaves designers vulnerable to imitations and unlawful reproductions once their sketches become wearable pieces intended for industrial design.
Also, there are weak enforcement mechanisms for copyright in the fashion design industry. Even though copyright laws exist in Nigeria, the enforcement is weak and almost non-existent. The Nigerian Copyright Commission (NCC) focuses heavily on other forms of copyright infringement of musical and literary works such as movies, musical catalogues and literary works with minimal attention paid to fashion-related infringements. Additionally, designers often lack adequate resources, legal knowledge and interest in pursuing actions for copyright infringement, which has led to sparse litigation on fashion-related disputes.
Furthermore, lack of judicial expertise is another significant gap in copyright application to Nigeria's fashion design industry. Judges in Nigeria are often endowed with broad knowledge on general aspects of law, but they may not be familiar with the technicalities of copyright law, especially in relation to fashion. This leads to slow and inconsistent rulings which discourage designers from seeking legal redress. Copyright litigation in fashion design remains sparse, with minimal or no judicial attention to copyright infringement in Nigeria's fashion design industry.
A notable early instance that illustrates this gap occurred in 2016, when Nigerian haute-couture designer Ade Bakare accused fellow designer Trish O Couture of replicating one of his signature coats. The original design featured a distinctive silhouette, bell sleeves, and a beaded neckline. Shortly after its release, Trish O Couture unveiled a strikingly similar version with only the colour altered. The resemblance drew attention on fashion blogs and on Twitter (now 'X'). However, despite the public outcry, no legal action followed, and the matter remained in the realm of social media critique and reputational damage.25
A more recent case emerged in May 2025, when celebrated Nigerian designer Veekee James publicly accused Senegalese designer, King Corset of replicating her viral 2024 creation worn by Bonang Matheba. The disputed gown featured the same corseted structure, beadwork, and silhouette, and was showcased in a documentary by King Corset, with no credit to Veekee James. Although King Corset later admitted the piece was inspired by Veekee James, he issued no formal apology, and again no legal action followed.26
These two cases demonstrate a persistent pattern in Nigeria's fashion industry. In instances where unlawful reproduction and imitation is clear and public, legal remedies are rarely pursued. Instead, social media exposure has become the primary enforcement mechanism, filling the void left by weak institutional protection and a lack of judicial engagement with fashion-related copyright disputes.
- CONCLUSION AND RECOMMENDATION
The application of copyright in the fashion design industry is still growing and evolving. Fashion in Nigeria has become more than a style, it is creativity woven and expressed into fabric. Yet, without strong copyright protection, designers remain susceptible to intellectual theft, commercial exploitation and reproduction. To unlock the fashion design industry's potentials, Nigeria is required to implement certain reforms.
This writer recommends the following reforms to improve the application of copyright in the fashion design industry.
First, the Copyright Act 2022 should be amended by the National Assembly to remove or revise the provision of section 2(6), to extend copyright protection to fashion designs intended for industrial production. Such a reform would provide a flexible legal framework that protects original and commercially viable clothing.
In addition, this writer recommends that copyright enforcement mechanisms should be strengthened in favour of the fashion industry. A dedicated committee should be established within the Nigerian Copyright Commission (NCC) to specifically monitor and investigate fashion-related infringements. The NCC should also introduce copyright awareness programs to educate designers about their rights and enforcement options.
Lastly, judicial reform is essential to ensure effective adjudication of copyright and design-related disputes. Nigerian courts should assign fashion-related copyright disputes to judges with specialized training in Intellectual property law. This would help to foster consistent rulings in harmony with global trends and build a stronger body of local jurisprudence.
Nigerian law must evolve to meet the realities of modern creativity. The need for protecting the intellectual property of designers through copyright cannot be overemphasized. There is no better time for the implementation of these reforms than NOW!
Boladuro Lawson is an Undergraduate Intern, Intellectual Property Department, SPA Ajibade & Co, Lagos, Nigeria.
Footnotes
1. Section 2(1)(a) of Copyright Act 2022.
2. Section 2(1)(a)(c).
3. Copyright Act, 2022.
4. Sunday Afiko, 'The Legal Aspect Of Fashion and Design Industry in Nigeria' available at <<a href="https://www.linkedincom/pulse/legal-aspect-fashion-design-industry-nigeria-afiko" target="_blank"> https://www.linkedincom/pulse/legal-aspect-fashion-design-industry-nigeria-afiko >accessed 9th July,2025.
5. Star Athletica v. Varsity Brands (580) US 405 (2017).
6. Patents & Designs Act, Cap P2 Laws of the Federation of Nigeria 2004.
7. Ibid.
8. Section 13(1)(a) -(b) of the Patents & Designs Act.
9. Section 13(3).
10. Rome Business School, 'What is Fashion' available at<<a href="https://romebusinessschool.com/blog/what-is-fashion/" target="_blank">https://romebusinessschool.com/blog/what-is-fashion/ >accessed 10th July,2025.
11. Oxford Learner's Dictionary, availableat<<a href="https://www.oxfordlearnerdictionaries-com/definition/english/design_1" target="_blank"> https://www.oxfordlearnerdictionaries-com/definition/english/design_1> accessed on 10th July, 2025.
12. McKay Dawn Rosenberg, 'What Does a Fashion Designer Do?', available at<<a href="https://www.liveabout.com/fashion-designer-526016" target="_blank">https://www.liveabout.com/fashion-designer-526016> accessed on 19th July,2025.
13. World Intellectual Property Organisation(WIPO), 'Copyright' availableat<<a href="https://www.wipo.int/en/web/copyright" target="_blank">https://www.wipo.int/en/web/copyright> accessed 10th July, 2025.
14. Section 2(1)(a)-(f) of the Copyright Act 2022.
15. Copyright Act 2022.
16. Section 2(6).
17. Stephen Onyekwelu, 'Intellectual Property theft in Nigerian Fashion: A deeper look' available at <<a href="https://businessday.ng/analysis/article/intellectual-property-theft-in-nigerian-fashion-a-deeper-look/" target="_blank"> https://businessday.ng/analysis/article/intellectual-property-theft-in-nigerian-fashion-a-deeper-look/ > accessed on 11th July, 2025.
18. Copyright Act, 2022.
19. Ibid
20. Section 2(6) of the Copyright Act, 2022.
21. Ibid
22. (580) US 405 (2017).
23. (2014) IESC 23 Regulation (EC) NO 6/2002 of 12 December 2001 on Community designs.
24. Patents & Designs Act, Cap P2 Laws of the Federation of Nigeria 2004.
25. Richard Akuson, 'On the Catwalk: Plagiarism in the Nigerian Fashion Industry- What's The Way Forward? Available at<<a href="https://www.bellanaija.com/2016/08/on-the-catwalk-the-unsavory-rise-of-plagiarism-in-the-nigerian-fashion-industry-whats-the-way-forward/https%3e" target="_blank"> https://www.bellanaija.com/2016/08/on-the-catwalk-the-unsavory-rise-of-plagiarism-in-the-nigerian-fashion-industry-whats-the-way-forward/https>accessed on 24th July, 2025.
26. Esther Ojoh, 'Veekee James Slams A Senegalese Designer for Copying Her Design' available at < http://fashionpoliceng.com/fashion-news/veekee-james-vs-senegalese-designer-dress-drama/ > accessed on 24th July,2025.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
