Fashion law e a propriedade intelectual, da criação à contrafação

Abstract

This article addresses the parameters of fashion law and intellectual property, from creation to counterfeiting. Fashion is a creative sector marked by volatility and change, considering the copy has worked as a driving factor. This phenomenon confirms the need to discuss intellectual property, in the field of fashion in particular. The fashion industry is full of talented designers such as: Christian Louboutin, Giorgio Armani, Christian Dior, Coco Chanel, Calvin Klein, Michael Kors, among others. These professionals need legal protection, most of the time, even before the creations reach the fashion industry, in the parades themselves some people with bad intentions photograph the products, or use images of renowned photographers, in order to carry out the replica next. In this context, the objective of the present work is to analyze each one of the institutes - patent, copyright, industrial design and trademark, counterfeiting: usurpation and imitation - in order to evaluate their respective requirements and to extract eventual applicability of each one of them, in the context fashion, as well as the problem of the Cumulation of Protections, in line with the laws of other countries. To this end, a doctrinal, legal and jurisprudential analysis was carried out that helped to substantiate and develop this work, through a qualitative research, using the deductive method.