It’s no secret that the fashion industry is one of the production engines of the global economy, generating billions of dollars annually. This industry involves various stakeholders who participate in the value chain: from textile producers and designers, logistics agents, transportation and storage, distributors through physical stores or digital channels, models, Even photographers, influencers, and other agencies that help spread it. , sponsors fashion shows and focuses on products for personal use such as clothing, footwear, jewelry, perfumes and general accessories.
Imagine the different legal situations that can arise in this complex world of fashion, and the consequent different legal disciplines that must be addressed to address these issues. As a focus, we consider several aspects related to intellectual and industrial property. However, it is useful to clarify that this issue has particular relevance to commercial law, competition law, consumer protection, duty and contract law, tax law, administrative law, procedural law, etc.
Fashion law is a term freshly coined in the late 90s with Anglo-Saxon law, an Anglicanism that refers to the various legal aspects that affect the fashion industry. Our Central American region and many Latin American jurisdictions Even though it is difficult to find a structured fashion law or fashion law as an autonomous legal discipline with specific laws on the subject, protection in this area depends on existing legal regulations and their various branch.
With the lack of specific updated rules in some cases and the contradictions that can arise in the absence of a unified international regime, the main problem faced by fashion companies is all is an effective protection for the works of Originality of the same. The massive proliferation of fashion designs and creations in the digital age makes it easy to infringe, counterfeit, plagiarize and misappropriate. As a result, regardless of the fact that each case deserves a specific legal assessment, it is clear that the fashion sector, which is part of an industry characterized by luxury goods, is highly exposed to counterfeiting.
The first major recommendation to ensure protection against unauthorized copying or exploitation of works in this industry is to seek protection through available legal mechanisms. Registration of trademarks and other distinctive signs constitutes one of the main means of protection. This can be done, for example, by registering external design elements such as labels, logos, olfactory marks to protect perfumes, advertising signs, etc.Such
Some creations may have a degree of originality that can achieve protection from an industrial design standpoint. It basically consists of certain aspects of the product due to characteristics such as shape, line, composition, color, material or decoration. This includes all industrial designs and models. An industrial design is protected if it is new, but is not considered a design if it shows only insufficient differences from previous designs to give the product a different overall impression. not done. Finally, if the design in question exhibits by itself the requisite degree of creativity and originality, it may be protected as a work of art under the rules governing intellectual property or copyright.
In short, given the relevance of this industry, the need to promote research in this field on the basis of doctrine, jurisprudence and comparative law in countries with more complex legal structures in this field becomes increasingly necessary and valid. I’m here. Facilitate the exchange of knowledge and information among all legal advisors and agents involved. Given that intangibles are integral to the fashion business, our commitment to strengthening our country’s jurisdictional structures is equally relevant to ensuring adequate legal protection for issues involving this discipline. It’s a sensitive task. Very vulnerable to paragraphs, imitations or copies.
In conclusion, promoting the importance of protecting fashion creations, advising entrepreneurs and/or owners in this industry on their creativity and originality requirements, and discouraging the purchase of counterfeit goods should be a routine practice. is.