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The fashion industry is recognized as one of the most productive industries in the world economy, generating billions of dollars annually. This industry includes various stakeholders involved in the value chain: from textile manufacturers and designers, logistics agents, transport and storage, sales agents in physical stores or digital channels, to other agents who help in distribution: models, photographers, influencers, sponsors of fashion shows Items for personal use in the center such as clothes, shoes, jewellery, perfumes and accessories in general.
Let us consider the different legal situations that can arise in this complex universe of fashion and as a result the different legal doctrines that must respond to these problems; As a focal point, we review some aspects related to intellectual and industrial property; However, it is worth clarifying that this issue has special implications for commercial law, competition law, consumer protection, obligation and contract law, tax law, administrative law, procedural law and others.
Fashion law is a term coined in Anglo-Saxon law in the late nineties and is an anglicism that refers to various aspects of law that affect the fashion industry. In our Central American region and even in many Latin American states, it is difficult to find specific laws on the topic of fashion law or fashion law as an independent legal discipline, but the protection of this sector is carried out through interpretation and implementation. The current legal regulations and its various branches.
In some cases, in the absence of specific and improved laws and the contradictions that may arise in the absence of a uniform international regime, the main problems faced by fashion companies are the effective protection of all creations, as the main challenge, of exactly the same origin. The proliferation of fashion designs and innovations in the digital age facilitates infringement, counterfeiting, piracy and unauthorized use. As a result, although each case has a different legal assessment, it is clear that the fashion sector, as an industry characterized by luxury, is highly susceptible to counterfeiting.
The first tip to ensure protection against unauthorized copying or exploitation in this industry is to seek protection using the available legal means. Registration of trademarks and other distinctive signs is one of the main methods of protection, which can be done for example: by registering labels, external design elements such as logos, registering perfume marks to protect perfumes, advertising signs, etc.
Some inventions may have a level of originality that can obtain protection in terms of industrial design, which basically consists of that particular aspect, among which, shape, line, configuration, color, material or decoration, and includes all industrial designs and models. An industrial design is protected if it is new and only presents differences related to the previous design, which is not enough for the product to have a general impression different from the previous design. Finally, when the design in question itself presents the necessary level of creativity and originality, it may be protected as an artistic work under intellectual property or copyright laws.
In short, with the relevance of this industry, the need to promote the study of this discipline based on the doctrine, jurisprudence and comparative law of countries with complex legal structures in this area is becoming increasingly important and valid. Promotes the exchange of knowledge and information between all legal advisors and agents. As mentioned earlier, taking into account the importance of intangible assets in the fashion business, the determination to strengthen the judicial structures in our country to ensure adequate legal protection from the problems caused by this discipline is an equally relevant task. Paragraphs, are highly susceptible to plagiarism or plagiarism.
In conclusion, promoting the importance of the protection of fashion creations, giving advice on the requirements of creativity and originality to this industry and / or the owners of entrepreneurs, encouraging the purchase of imitations, should be a daily task.
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