Beyond the Shein case: the rise of disputes over design copying and its regulation in Chile

In recent years, the fashion industry—in Asia, Europe and the United States—has seen an increase in complaints about the unauthorised reproduction of designs. Although certain fast fashion giants have attracted much of the media attention, such as China's Shein, the truth is that this phenomenon is not limited to a single player: various companies with a large international presence, including well-known European firms, have also faced questions and legal action for allegedly imitating the designs of third parties, especially independent creators and small brands.

These conflicts highlight the difficulty many small and medium-sized enterprises have in combating what they consider to be the misappropriation of their own creative assets—including trademarks, drawings, and industrial designs—especially in a globalised digital market where copying can happen in a matter of hours.

Chilean regulation: protection of industrial designs and drawings

In Chile, the most effective mechanism for protecting the external appearance of a product—whether its shape, ornamentation or graphic patterns—is to register industrial designs and drawings with the National Institute of Industrial Property (INAPI). This registration grants the owner an exclusive right of exploitation, allows for stronger action against imitations and is the most direct legal tool for protecting products whose value lies precisely in their design.

In order to be registered, both must meet the condition of novelty, understood as a significant difference from already known designs or drawings, regardless of where they have been disclosed.

According to Chilean regulations, an industrial design is considered to be any three-dimensional form, whether or not associated with colours, that gives a product a special and new appearance that is perceptible to the eye. An industrial drawing, on the other hand, is considered to be any combination of figures, lines or colours applied to a plane for ornamental purposes and which gives the product a distinct and new appearance.

The Shein case reveals a global challenge: protecting visual creativity in a digital market where copying is fast, cheap and difficult to trace. In Chile, the industrial design system offers a concrete tool to address such practices and reinforce the competitive value of creative assets. For designers, entrepreneurs and companies, assessing the advisability of registering these assets can make a significant difference in the face of potential imitations.