FASHION LAW: A TUTELA DAS CRIAÇÕES DA INDÚSTRIA DA MODA BRASILEIRA PELA PROPRIEDADE INTELECTUAL

Abstract

This paper proposes a critical analysis of Intellectual Property as a legal protection instrument for creations arising from the Brazilian Fashion Industry, investigating the particularities concerning the adaptation of the national legal system to the issues originating from the so-called Fashion Law. The objective is to ascertain whether the assets of the fashion market find shelter in Brazilian legislation, especially from the perspective of the Industrial Property Law and the Copyright Law, identifying the limits, gaps, and possibilities for improvement of the current regulatory framework, both through the analysis of the legal system and of specialized doctrine. To this end, the deductive method was adopted, with a qualitative approach such as bibliographic and documentary review procedures, based on the study of national legislation, subject-specific doctrine, and academic theses and dissertations. The results evidenced that the fashion sector finds protection, to a greater or lesser extent, in all instruments consolidated by Intellectual Property Law; however, issues such as the disproportionality of protection terms, the slowness of administrative proceedings before the National Institute of Industrial Property, and the costs of registration reveal structural inadequacies of the system in relation to the peculiarities of the sector. It was concluded that, although the legislative texts currently in force are formally applicable, the enactment of specific legislation aimed at Fashion Law presents itself as a possible path toward the improvement of the legal protection of national fashion creations. Keywords: Fashion Law; Intellectual Property; Authors Rights; Fashion Industry.