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The article is devoted to the research of the legal nature of design in the fashion industry and protection as an object of copyright. The article carries out a comprehensive analysis of theoretical approaches to determining the key characteristics of design as an object of creative activity, combining both functional and aesthetic components. In addition, it is emphasized that the main criterion of a design decision is originality, which is manifested in the author’s own intellectual creativity. At the same time, the study focuses on certain specific problems related to the functionality of products, the cyclical nature of fashion trends and the mass reproduction of design decisions, which complicate legal classification and bringing authorship to judicial practice. The article provides an analysis of the positions of domestic and foreign scholars, which allowed us to identify existing approaches to the interpretation of the concepts of “design” and “work of applied art” in the context of the fashion industry. It is noted that the existing scientific concepts demonstrate the presence of a unified approach to determining the boundaries of copyright protection of designer products, which emphasizes the need for further scientific understanding of the relevant issues. The article also analyzes international and legislative legislation and case law, in particular, the European Directive 2001/29/EC on the harmonization of aspects of copyright in the information society and Directive 98/71/EC on the legal protection of industrial designs. It is established that the European legal model provides the possibility of cumulative protection of designer products as an object of copyright and industrial design, and also improves clear criteria of originality and novelty, which ensures the effectiveness of design protection in the fashion industry. Key cases of case law are presented, illustrating the problems of determining the boundaries of protected elements and balancing the interests of fashion design authors. The need to improve the national legislation of Ukraine by implementing European approaches, clarifying the criteria for originality, and developing the practice of judicial protection of designers’ rights is emphasized.