MODAS DE LUXO E PIRATARIA: O FASHION LAW NO COMBATE DESSA PRÁTICA

Abstract

The luxury fashion industry represents a sector of significant economic, cultural, and symbolic impact, characterized by its emphasis on exclusivity, creativity, and brand identity. However, the rise of piracy—understood as the unauthorized reproduction and commercialization of creations protected by copyright and industrial property rights—has compromised not only the integrity of the market but also the fundamental rights of creators and the safety of consumers. In light of this scenario, the present study aimed to analyze the role of Fashion Law in combating piracy within the luxury fashion industry and its implications for the protection of intellectual property, trademarks, and consumers. To this end, a qualitative methodology with an exploratory and descriptive approach was adopted, based on a bibliographic review of legal doctrines, academic articles, and official documents, with emphasis on legislation such as Law No. 9,279/96 (Industrial Property Law), Law No. 9,610/98 (Copyright Law), and the 1988 Federal Constitution, in addition to the analysis of the report “The Fight Against Piracy in Brazil” published by the Economic Development Commission of the Brazilian Chamber of Deputies. The results indicate that, although Brazil already has some laws for the protection of luxury fashion, the fragmented application of these norms, the absence of specific legal typification in the field of fashion, and the challenges of enforcement—especially in e-commerce—hinder the effective fight against piracy. It is concluded that the consolidation of Fashion Law in Brazil is essential for strengthening legal protection for luxury fashion creators, also requiring a more active role from the State, the productive sector, and civil society.