Fashion design, taking the practical functions of industrial products as a material carrier, is the core of fashion industry. Fashion industry, as a branch of the cultural and creative industries, is the making of clothing, leather articles, cases, jewelries and watches. It is symbolic, seasonal, and cyclical. As the development and wide application of new media and the changing from pyramid top-down design to today's bottom-up street trends, more and more individuals have an opportunity to participate in the fashion creation process. Although China has become one of the largest fashion product consumer markets, in contrast with China's booming consumer market, fashion design has been under a poorly protected situation, threatened by counterfeiting, plagiarism and piracy. This paper, taking the appearance of fashion design as a starting point, combining with international law and intellectual property protection mode extraterritorial laws of fashion design, analyzes the existing intellectual property framework of protection for fashion design implementation patterns and characteristics. Furthermore, after exploring the development trend of the fashion design industry optimization vision, and discussing the intellectual property rights of intellectual property Dharma negative space areas of concern, the paper tends to provide impetus for the future design industry innovation and development of the road. The first part describes the meaning of fashion design, fashion analysis of social features and stylish design features, specifically the legal nature of fashion design. The second part elaborates theories of the fashion design intellectual property protection, and clarifies the consensus and differences of current research. The third part is concerned with the judicial protection of intellectual property practice of fashion design, by introducing international law and foreign law of fashion design protection and relief mode from three aspects of copyright, industrial property, unfair competition law system, and then provides a detailed analysis of the current intellectual property under the law of the conservation status of the framework of 时尚设计的知识产权保护 fashion design, limitations and shortcomings, combined with related cases referee position, and the summary the characteristics of the existing theoretical models. The fourth part is the doctrine to respond to how to protect intellectual property rights: combining with the protection reality of China’sfashion design and the complete revision of the intellectual property rights in the current context, the intellectual property rights should balance theory and reality and adapt a method that fits into the innovation and development of fashion design in nowadays China.