From concept to catwalk: a legal guide for Ireland's next generation of designers

As the first-ever Ireland Fashion Week approaches, we present a new series of articles –  From Concept to Catwalk – where we  discuss Ireland's rich fashion history and the legal areas that emerging designers need to prioritise.

Ireland's fashion industry boasts a remarkable heritage that spans centuries, from the intricate Celtic designs that adorned ancient warriors to the world-renowned craftsmanship of contemporary Irish designers like Jonathan Anderson, Simone Rocha, and Paul Costelloe.

Ireland's legacy is rooted in its textile traditions, particularly the iconic Aran sweaters from the west coast and the luxurious tweeds of Donegal. These time-honoured techniques have evolved into a modern industry that seamlessly blends heritage with contemporary design sensibilities. Irish fashion houses have gained international acclaim for their attention to detail, sustainable practices, and unique aesthetic that draws inspiration from the country's dramatic landscapes and cultural heritage. 

New generations of designers bring fresh perspectives, innovative techniques, and an understanding of evolving consumer demands, particularly in areas like sustainable fashion, digital commerce, and artificial intelligence. Supporting these creative entrepreneurs is not merely an economic imperative but a cultural responsibility to preserve and evolve Ireland's fashion identity.

Investing in the new generation of talent

This rich tapestry of old and new, creativity and innovation, has positioned Ireland as a significant player in the global fashion landscape, with Irish designers consistently showcasing at international fashion weeks and earning recognition for their innovative approaches to traditional craftsmanship. 

To protect Ireland’s illustrious fashion history we must invest in its future. At Taylor Wessing, we understand the unique challenges that young businesses face when transforming creative vision into commercial reality. As a firm, we actively back creative entrepreneurs and recognise the vital importance of nurturing Ireland's emerging fashion talent. 

Through our sponsorship of Ireland Fashion Week's Brand Bootcamp, and in this From Concept to Catwalk series, we provide guidance to help Ireland's next generation of fashion innovators build legally robust and commercially successful businesses.

Key legal priorities for new businesses

The journey from creative concept to viable business requires careful legal planning from the outset. Aspiring fashion entrepreneurs must first establish the appropriate business structure, typically choosing between being a sole trader, partnership, or a private company limited by shares. 

Each structure has distinct legal implications regarding liability, taxation, and operational flexibility. Most fashion start-ups benefit from incorporating as a private limited company, which provides personal asset protection and enhanced credibility with suppliers and investors.

Registration with the Companies Registration Office is essential, as is obtaining the necessary tax registrations with Revenue. Designers based in Northern Ireland, or who work a lot in other parts of the UK, may wish to incorporate their business there and should consider taking legal and/or tax advice on which regime is best for them. 

Fashion businesses must also consider:

• employment law compliance, whether hiring staff or providing work experience
• consumer protection regulations for retail operations
• data protection requirements under the GDPR when collecting customer information. 

Additionally, understanding contract law is crucial when negotiating with manufacturers, suppliers, distributors, and retail partners. We will explore these issues in greater detail in future articles in this series.

Make IP a priority

Perhaps most critically, intellectual property (IP) protection must be prioritised from day one. Fashion designers create valuable assets in their designs, brand names, and unique aesthetic elements. Without proper legal protection, these assets remain vulnerable to copying and unauthorised use, and their worth can be undervalued, potentially undermining the entire business venture. Early investment in proper IP protection creates a foundation for sustainable growth and competitive advantage. 

For investors considering fashion ventures, robust intellectual property protection represents a critical factor in determining investment viability and potential returns. Fashion businesses with properly secured IP portfolios offer investors tangible, legally protected assets that can be valued, licensed, and leveraged for growth. Well-protected IP assets also enhance exit opportunities, as they provide clear ownership rights that facilitate licensing deals, franchise agreements, or acquisitions.

Established IP portfolios demonstrate management sophistication and strategic thinking, indicating that founders understand the importance of building defensible business assets. Conversely, fashion start-ups that have not taken their IP seriously present significant investment risks, as their core value propositions remain legally unprotected and susceptible to market erosion through imitation and counterfeiting.

Not every intangible asset needs to be registered, and protecting IP should be strategic and cost effective. But clearly identifying brand assets (logos, the brand aesthetic etc) and design assets, and keeping track of them, is the necessary first step from which a thriving business can develop.

Coming up next

Our next article will continue exploring the legal priorities every fashion entrepreneur needs to address when starting out, including:

• basic contracting principles 
• website setup requirements 
• personal data handling obligations
• practical IP protection strategies, including registrations and the strategic value of non-disclosure agreements. 

We'll then examine the legal complexities of working with others, covering employment law for hiring staff, collaboration agreements with other designers, and the specific considerations around engaging interns and influencers. 

Finally, we'll look toward the future, exploring the exciting opportunities and legal implications of artificial intelligence in fashion, helping designers navigate this rapidly evolving technological landscape while protecting their interests and maximising innovation potential.

Taylor Wessing is proud to partner with Ireland Fashion Week. Running from 6-10 October, iconic venues across Ireland will transform into vibrant runways, bringing together the country’s leading designers, international industry figures, fashion-forward audiences and global media for a spectacular showcase unlike anything seen before. You can find out more about Ireland Fashion Week here.