Fashion law: o direito de propriedade intelectual aplicado à indústria da moda

Abstract

This study presents the trajectory of fashion over time and its relevance. However, despite its importance, Brazil still lacks specific legislation to protect creations and resolve conflicts in the fashion industry. Therefore, the purpose of this work is to highlight the legal instruments used to deal with such challenges, highlighting the evolution and importance of fashion in society since its beginnings, through the analysis of doctrines, jurisprudence and relevant legislation. Furthermore, we will address issues related to intellectual property, trade dress and unfair competition in the context of fashion. We conclude that fashion items are supported by laws and institutions that already exist in the Brazilian legal system. However, it is essential to adapt to new concepts and emerging challenges to resolve conflicts and punish those who act dishonestly and unfairly. The research carried out will have books and theories as a source of consultation, which will corroborate the collection of information that will contribute to the analysis of the object in a qualitative and explanatory way. It is expected to prepare a final report of the results through a scientific article, consolidating the discoveries and reflections achieved.

Keywords: Fashion. Intellectual property. Unfair competition. Trade dress.