M&C in the news - AI in fashion: a new protection playbook

As artificial intelligence becomes increasingly embedded across the fashion industry, from developing designs to creating campaigns, brands are facing new questions about how best to protect their creativity and intellectual property.

In a new article for World Trademark Review (WTR), Elena Sadovnikova examines how greater use of AI is reshaping the way fashion brands approach IP protection.

Elena considers the importance of human creative input, highlighting the value of keeping appropriate records of prompts, outputs and subsequent human modifications for commercially important assets. She also looks at why brands should take a layered approach to protection, considering copyright alongside design rights and, where appropriate, trade marks.

Beyond the product itself, the article explores AI-generated campaigns, contracts with agencies and AI providers, the protection of valuable brand archives and the challenge of monitoring potential infringement as AI increases the speed and scale at which content and designs can be generated.

As AI becomes more closely integrated into creative and commercial processes, Elena sets out practical considerations to help brands ensure their IP strategies evolve alongside it.