Fashion law: as criações de moda como objeto do direito de propriedade intelectual e tratamento jurídico dado ao trade dress

Abstract

This term paper aims to perform an analysis of the current legal treatment given to the creations of the fashion industry and the protection of the trade dress of the product, the service and the fashion brand. Fashion Law, a term created in the United States of America, includes the product and design rights created by designers and specialized companies, including, in particular, the industrial property, the using of patents, the industrial design and trademark registrations, and Copyright. Thus, through the study of the current Brazilian legislation that regulates the matter, as well as through the brief approach on the system of copyrights and American trademark and the treatment of fashion creations in Europe, it will be studied the possibilities of protection to the Fashion industry articles. Obstacles such as the ephemerality of the trends presented in the fashion weeks, the programmed obsolescence and the delay in the administrative processes of the National Institute of Industrial Property, as well as the difficulty in framing the stylist as subject of copyright will be analyzed too. In addition, given the lack of specific regulations in Brazil on the issue in question, it is brought some concrete cases on Fashion Law and their respective solutions given by the Brazilian Courts.