Protecting swimwear creations relies on a set of intellectual property (IP) rights recognized in France, the European Union, and internationally. For a designer, brand, or manufacturer, protecting each design helps prevent copying, enhances investment value, and builds a strong, lasting identity. This guide offers a comprehensive approach, in line with the practices of official offices (INPI, EUIPO, WIPO), to effectively protect your designs — whether they are already commercialized or still in development.
Scope: The information presented below primarily concerns the protection of creations in the swimwear sector in France and the European Union, in accordance with the Intellectual Property Code (CPI), Regulation (EC) No 6/2002 on Community designs, and the directives of the INPI, EUIPO, and WIPO. Rules may differ significantly outside the EU (United States, United Kingdom, Australia, Asia, etc.).
Nature of content: This article aims to provide practical guidance based on official texts and the author's professional experience. It does not constitute personalized legal advice. For any decision affecting your rights, please consult a lawyer or a qualified industrial property attorney (CPI).
Please note: Applicable regulations depend on the territory of commercialization. This article provides reliable benchmarks but does not replace the advice of a lawyer specialized in intellectual property law.
Key Points (2025 Update)
Protecting a design from its conception significantly limits the risk of copying and facilitates any subsequent action.
Three major tools: copyright, design registration, trademark registration.
In Europe, an unregistered Community design right offers immediate but time-limited protection.
Systematically documenting your creative process remains essential to establish strong proof of prior art.
An effective strategy combines monitoring, regular filings, and professional support.
Why Protect Your Creations?
Image Source: Pexels
Concrete Risks in the Swimwear Sector
The swimwear market is highly competitive, characterized by rapid collection rotation and high online visibility. Without protection:
your visuals may be copied by third-party manufacturers, foreign platforms, or "fast fashion" brands;
uncontrolled reproduction quality can harm your reputation;
proving prior art or obtaining the removal of counterfeits becomes complex and costly.
Practical Examples from Real Cases
Case 1 – European Marketplace: a French swimwear brand obtained the removal of copies on a major marketplace in less than 48 hours by presenting a valid Community design registration.
Case 2 – OEM Subcontracting: prototypes communicated without a confidentiality agreement were copied by a foreign manufacturer. Due to a lack of prior registrations, the brand could only invoke copyright, with partial results and a lengthy procedure.
Case 3 – Early Disclosure on Social Networks: a collection unveiled too early on Instagram triggered an unregistered Community design right, but made a subsequent registration more difficult due to very similar creations appearing on the market thereafter.
Concrete example: several European brands obtained the removal of copies on marketplaces by presenting INPI or EUIPO registrations, while unprotected creators saw their designs massively reproduced without effective recourse.
Legal Advantages
Protecting your designs allows you to, among other things:
assert a clear exclusive right, recognized by the courts;
more easily obtain the removal of copies (DMCA, platform reports, EUIPO procedures);
secure licenses, collaborations, co-brandings, or OEM/ODM manufacturing.
Legal Criteria for Protecting a Swimwear Design
Originality and Novelty (France / European Union)
Two concepts are essential for the protection of swimwear designs:
Originality (copyright): the design must result from a free creative choice, reflecting a unique personality or aesthetic approach.
Novelty (designs): no identical design must have been disclosed before the filing or first disclosure date.
The offices (INPI, EUIPO) particularly examine:
the overall visual impression produced by the swimsuit;
the existence of prior art in the fashion and swimwear domain;
the freedom left to the designer (technical constraints related to materials, support, comfort, etc.).
Professional tip: before finalizing a collection, conduct a prior art search (INPI, EUIPO, WIPO databases, social networks, e-commerce platforms) to reduce the risk of conflict.
Legal References and Applicable Texts
France – Intellectual Property Code (CPI): Articles L111-1 to L113-1 (copyright), Articles L511-1 to L513-8 (designs).
European Union: Council Regulation (EC) No 6/2002 on Community designs.
WIPO – Hague System: Geneva Act of 1999 for the international registration of industrial designs.
Official Directives: INPI filing guides, EUIPO Examination Guidelines (Designs), WIPO Hague Guide.
Protection Without Registration: What the Law Really Allows
Even without formal registration, several legal mechanisms can protect your swimwear creations:
Copyright: it arises automatically upon creation of the work, provided its date and originality can be proven.
Unregistered Community Design: in the European Union, the first public disclosure of a design confers three years of protection against slavish copying.
Digital Traces and Evidence: timestamped files, online backups, archives, creation histories.
How to Consolidate This Protection Without Registration?
Keep dated visuals (sketches, 3D renderings, prototype photos, technical sheets).
Archive your source files (patterns, modeling files) with a reliable timestamping system.
Document the creative process (successive versions, modifications, material tests).
Limitation: without official registration, protection remains more difficult to enforce, especially against "inspired" copies rather than strictly identical ones.
Proving Creation: Recognized Methods
Official Filing with INPI (France)
Registering designs with the INPI remains the most robust method for securing design protection in France. It provides a certain date and an industrial property right enforceable against third parties.
Main steps:
Prepare clear graphic representations of your swimsuits (front, back views, details). Photos should be neutral, without superfluous staging elements.
Fill out the online form on the INPI website: www.inpi.fr.
Pay the filing fees (amount varies depending on the number of designs and chosen options).
Fees and Deadlines (INPI – France)
Design Registration: from approximately €39 per view (2024–2025 rates), with decreasing scales for multiple filings.
Renewal: approximately €50 per 5-year period, depending on the number of designs.
Deadlines: publication generally within a few weeks, with the possibility of deferring publication for up to 30 months.
Tip: group several variants of the same design (colors, patterns) into a single design registration when rules permit, to optimize your costs.
Soleau Envelope (Paper or Digital)
The Soleau Envelope is a system managed by the INPI that allows a creation to be given a certain date without transforming it into an industrial property title. It is useful for securing ongoing work.
Gather your sketches, photos, technical sheets, and design elements.
Create an envelope (or a digital file) according to the formats accepted by the INPI.
Carefully keep the registration proofs.
Digital Evidence (Emails, Cloud, Blockchain)
In addition, you can use:
sending an email to yourself or a trusted third party containing the design files;
online storage services that automatically timestamp modifications (Drive, Dropbox, etc.);
timestamping or blockchain solutions dedicated to proving creation.
Good practice: multiplying evidence and storage media increases your ability to defend your rights in case of dispute.
Methods for Protecting Swimwear Designs
Image Source: Unsplash
To effectively protect your swimwear creations, it is essential to understand the different types of protection available and how they complement each other. The table below summarizes the main options:
Method |
What it protects |
Duration |
Formalities |
|---|---|---|---|
Copyright |
The originality of the design (artistic aspect, creative choices) |
Author's life + 70 years |
None, but proof of prior art is required in case of dispute |
Registered Designs |
The external appearance of the product (shapes, lines, ornamentation) |
Up to 25 years (renewable every 5 years) |
Filing with INPI or EUIPO |
Unregistered Community Design |
The appearance disclosed to the public in the EU |
3 years from the first disclosure |
No formalities, but proof of disclosure is necessary |
Trademark Law |
Distinctive signs (brand name, logo, slogan, packaging) |
10 years, indefinitely renewable |
Filing + genuine use of the trademark for designated products |
Contracts |
Rights and obligations between partners (licenses, OEM, NDA) |
Varies according to the agreement |
Written clauses, sometimes registration or publication |
Copyright
Copyright protects your original creations as soon as they are materialized (sketch, prototype, technical sheet, digital rendering). No registration is mandatory, but it is highly recommended to have proof of creation.
It covers the aesthetic aspect of your swimsuits as long as the work shows creative effort.
It plays an essential role against copies made from your photos or catalogs.
Tip: archive the different stages of design (sketches, mood boards, prototypes, photoshoots) with precise dates. This strengthens your position in case of legal proceedings.
Designs (Registered)
Protection by designs concerns the external appearance of your products. It grants an exclusive right to exploit the design, subject to compliance with certain conditions:
Novelty: the design must not have been made available to the public before the relevant date.
Individual Character: the overall visual impression must differ from that produced by earlier designs.
Visibility: the design must be perceptible during normal use of the product.
Reproducibility: it must be possible to produce the design identically.
Absence of Functional Exclusivity: purely functional characteristics are not protectable under design law.
Filing is done:
with the INPI for protection limited to France;
with the EUIPO for a Community design covering the entire European Union.
Fees and Deadlines (EUIPO – European Union)
Filing: €350 for the first design, €175 for the second, and €80 per additional design (indicative scale 2025).
Duration: protection for up to 25 years, in renewable 5-year periods.
Examination: the EUIPO conducts an essentially formal examination and does not verify novelty; therefore, it is up to the applicant to ensure the absence of relevant prior art.
Tip: quickly register your key designs (bestsellers, signature pieces) to prevent a competitor from preceding you.
Trademarks and Logos
Trademark registration does not directly protect the swimwear design, but it secures your commercial identity:
your swimwear brand name;
logos, monograms, graphic signatures;
potentially certain distinctive packaging.
This protection is crucial to prevent third parties from using an identical or similar sign for identical or similar products (Class 25 for clothing, including swimwear).
Note: combining a trademark registration and a design registration for your iconic pieces significantly strengthens your protection strategy.
Comparison and Complementarity of Rights
In practice, swimwear designers and brands often combine several types of protection:
copyright, to secure the work and visuals;
designs, to protect the appearance of the product;
trademark, to defend the brand's name and identity;
contracts (license, subcontracting, collaboration), to organize exploitation and manufacturing.
This comprehensive approach protects the style, image, and reputation of your brand in the long term.
Common Mistakes to Avoid
Disclosing a design before any registration, which can destroy its novelty and compromise the validity of a future registration.
Using only "lifestyle" photos with scenery or models for registration, instead of neutral, technical views of the swimsuit.
Confusing trademark registration with design protection: the trademark protects the distinctive sign, not the product's appearance.
Assuming that copyright automatically covers all close variants, while it targets substantial reproductions or imitations.
Forgetting to renew a design registration in time, leading to the permanent loss of protection.
International Protection
Registration with WIPO (Hague System)
The World Intellectual Property Organization (WIPO) offers a system for the international registration of industrial designs, particularly useful if you target several non-EU countries (United States, Japan, Australia, etc.).
Key steps:
Identify the applicant and the countries or organizations targeted (e.g., European Union, United States).
Prepare high-quality views of your swimsuits (relevant angles, characteristic details).
Classify the design according to the Locarno Classification (Class 2 for articles of clothing, including swimwear).
File the application via the WIPO platform and follow the examination.
Fees (WIPO – Hague System)
The fees for an international filing vary depending on the number of designs and the designated parties but generally include:
a basic fee;
a designation fee for each targeted country or regional organization;
a reproduction fee corresponding to the number of views.
Tip: work with an industrial property attorney or a specialized lawyer if you are targeting a large number of countries, to choose the optimal scope.
European Unregistered Design Right
The European Union offers automatic protection, without formalities, called an unregistered Community design.
Protection lasts for three years from the first public disclosure in the EU.
It allows action against slavish or near-identical copies.
It is particularly suitable for seasonal collections and short-lived trends.
Limitation: this protection does not replace a formal registration, especially for designs you wish to exploit over a long period.
Tips for Staying Protected in the Long Term
Monitoring and Reaction
Vigilance is a key element of your protection strategy. It is recommended to regularly monitor:
marketplaces (Amazon, AliExpress, Shein, Temu, etc.);
social networks (Instagram, TikTok, Pinterest) where swimsuit images circulate massively;
wholesaler or manufacturer websites offering white-label designs.
In case of suspected copying:
collect evidence (dated screenshots, URLs, proof of price and product description);
compare the copied elements to your registrations, visuals, and technical sheets;
send removal notices to the concerned platforms, with the help of a lawyer if necessary.
A quick reaction is often crucial to limit the spread of copies and preserve the value of your creations.
Updating Protections
Fashion evolves rapidly, and your protection strategy must keep pace with your collections:
Note the filing and renewal dates of your trademarks and designs in a calendar.
Add each new important design to your portfolio of creations (registrations, proofs, visuals).
Regularly reassess which designs need to remain protected (bestsellers, iconic pieces).
Good internal organization (tracking tables, collection folders, archiving) is a major asset for protecting your designs in the long term.
Professional Support
Engaging a professional saves time and avoids costly mistakes. An intellectual property lawyer or IP attorney can:
audit your portfolio of creations and trademarks;
define a tailored strategy (which designs to file, in which countries, at what time);
draft or secure your contracts (license, subcontracting, collaboration, NDA);
assist you in case of dispute or amicable settlement negotiations.
Specialized support strengthens the credibility of your efforts and reassures your business partners, investors, and distributors.
FAQ
How can I prove I am the author of my design?
Combine several elements: dated sketches, source files, Soleau Envelope, design registration, digital evidence (emails, cloud). The more consistent evidence you have, the stronger your position.
What is the duration of protection for a design?
If registered, protection can last up to 25 years, renewable every five years. An unregistered Community design benefits from limited protection of 3 years after its first disclosure within the EU.
Can a design be protected without registration?
Yes, thanks to copyright and the unregistered design right in Europe. However, these protections are more difficult to enforce and have limitations, especially for long-term exploitation.
What if someone copies my swimsuit?
Gather your proofs of creation and registration, have the copy established (screenshots, bailiff's report if necessary), then contact a professional. You may request the withdrawal of the products, compensation, and, if applicable, initiate legal action.
Is it useful to register a trademark for my swimwear collection?
Yes. The trademark protects your name, logo, and communication universe. It is complementary to designs and plays a key role in avoiding confusion with other players in the market.
About the Author
About the author: this content was written with the support of a team specialized in swimwear design and manufacturing, with direct experience in product development, production monitoring, and collection management. The legal information is based on guides and resources from intellectual property offices (INPI, EUIPO, WIPO) but does not constitute individualized legal advice.
Information and Editorial Responsibility
Last updated: January 2025.
The information presented in this article is based on practices and texts in force in France and the European Union at the time of writing. It is provided for informational and general purposes. For any decision affecting your responsibility or that of your company, we recommend consulting a lawyer or an intellectual property attorney.
Disclaimer: while this content is based on legal texts and official sources (INPI, EUIPO, WIPO), it does not replace the advice of a lawyer or industrial property attorney. As the situation of each designer or brand is specific, any decision regarding filing, disclosure, or litigation should be made with the support of a qualified professional.