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/ Fashion law and its social role

April 21, 2023

Fashion law is linked to intellectual property, as it generates the identity of a particular era. It is a source of economic growth, work and a contribution to the development of the country, focused on the creators.

Pilar Chicago
Associate
Alessandri

When different human activities are developed and manifested in society, which correspond to forms of expression of creativity, multiple disciplines of law arise. One of them is fashion law. The law has had to recognize that fashion is a cross-cutting phenomenon, of great importance worldwide and full of particularities. These particularities make it necessary to have a specific regulation of the different issues it covers, due to the number of conflicts of rights and obligations.

In order to fully understand the fashion industry, it is necessary to approach it from an all-encompassing perspective, taking into account the perspectives and needs that converge in this new area of law. This industry generates business opportunities, provides jobs worldwide, encourages commercial activity and, as if this were not enough, gives free rein to creativity, design and the generation of the identity of a particular era. For this last reason, intellectual property has become the primary basis of the so-called Fashion Law, being the practice of law called to protect certain product designs, prints, protect trademarks associated with these products, protect possible inventions that may arise when applying new techniques to textile products, among other functions.

Also within this industry, everything related to contracts of assignment or licensing of rights granted to third parties for the manufacture of products, their use, commercialization, distribution contracts, franchises and the prosecution of counterfeit products or disputes related to the ownership of rights and infringements related to them is also relevant. This is why fashion law is oriented to a varied potential clientele, such as designers, textile companies, importers, manufacturers, franchisers, fashion bloggers, photographers, models, stylists, personal shoppers, among others.

On the other hand, it should be noted that the fashion and design industry, both understood from a global perspective, is not reduced only to clothing or apparel in general, as it is one of the most evolving sectors and goes hand in hand with the progress of new technologies and the globalization of markets.

Since Fashion Law brings together several productive areas that should be protected in an integral way, it is very important to understand and value this new area of law. Not only from the sidewalk of the creators, but also to convey to the authorities and other actors with decision-making power, that fashion law is a source of economic growth, work and a contribution to the development of the country, focused on creators and Chilean companies seeking to be competitive globally.