/ Intellectual property, technology and innovation in textile industry

Laura Hernández Bethermyt
Alessandri Abogados

A garment or a design can be protected in several ways. Footwear, dresses, shirts, pants, handbags, sketches and others can be protected under different statutes in Chile and in the world, making use of the tools of intellectual property. Although design, as an artistic creation, obtains recognition by the mere fact of its creation, as it is universally established by the bases of copyright, there are other tools that give a higher value to these creations.

Protection of smart fabrics

Nanotechnology is the science involved in the design, production and use of structures and objects. It uses tiny particles such as nanomaterials. By manipulating the molecular structure of materials, their intrinsic properties change, resulting in revolutionary applications, such as intelligent fabrics. Through their use, various effects can be achieved: non-staining, non-wrinkling, cooler, with cosmetological properties, photochromic, thermochromic or UV protection, among others. An example of innovation in nanomaterials is Copptech, a leading company in the field. With its antimicrobial technology, it transforms the products we use every day.

How is it specifically protected?

Invention patents are the tool to protect and exploit its commercialization in the market, by allowing the reproduction or manufacture of the innovative product to depend exclusively on the patent holder. On the other hand, the protection of its trademarks allows the innovative product to be positioned in the market with a particular name which, by identifying it with a certain business origin, becomes another asset to be exploited. Both options can even be exploited through third parties, which can even lead to technology transfer or cobranding systems, under which a third party joins in the commercialization of the product.

Although we have mentioned patents and trademarks, there are other tools that can also be considered to add greater value to a product, without having to make public the details of the processes involved. This is the case of trade secrets, which do not expire, unlike patents, for example.

The renowned British designer Stella McCartney is another good example of innovation protection. She has been gradually moving towards organic trends, committed to sustainability, so that fashion remains in time. Stella has profiled herself as a progressive luxury brand, always looking to the future. She has been consistent in using the most avant-garde materials, which aim to reduce the impact on the planet and are free of animal cruelty, following the principles of circularity. Materials are at the core of its sustainability initiative.

These sustainable materials have also been the subject of patenting and brand protection, thus reflecting intellectual support. Taken together, they add value to the product, and enable ownership, marketing of the products and the acquisition of various benefits granted by the corresponding trademark and patent authority. The textile industry is much more than design and catwalk. There is a huge exploitation behind it; Stella has shown that innovation is part of it.

Fortunately, there are many fashion houses that have adopted this movement, trying to have more innovation in their textiles, giving a second use to materials, turning the industry into something new that always gives something to talk about.

All these innovations would not be possible without the presence of intellectual property, a correct registration and development of intangible assets that over time have been able to capitalize and add value to the innovations implemented.