Fashion law: a proteção jurídica das criações de moda no Brasil

Abstract

The present work analyzes whether fashion designs are effectively protected by the Industrial Property Law and the Copyright Law or if it is necessary the creation of specific legislation for this protection. With the growth of fashion industry, litigation has also been growing, especially cases of plagiarism that directly affront the intellectual property of designers. countries like United States and France, which are references for the global fashion industry, see fashion creation differently, which directly implies how whether or not they protect the designs. In Brazil, however, there is no specific legislation for the protection of fashion creations, therefore, the Fashion Law relies on legislation existing ones, such as industrial property and copyright, to seek guardianship for these works. The Village 284 v Hermès case demonstrates that it is possible that these creations receive protection under these laws, if so the judge understand and once the requirements set out in both legislation, however, this possibility of protection is not expressed in the legislation, which may cause legal uncertainty and lead the judge to extrapolate the limits of interpretation of infra-constitutional norms. Furthermore, the lack of clarity in the law is not the only obstacle that fashion design encounters for its protection, thus, the work also analyzes the delay in granting registration and patents and its consequences, bringing to the end a possible solution to the problem in question