|Chanel Spring - Summer 2012 Show in Paris, October 4th, 2011.*|
Fashion Law is a new area of law, that deals in details with all legal, and even some non-legal, aspects that involve the fashion industry. Contrary to tradicional areas of Law, such as Civil, Criminal, Commercial or Labor law, that have specific codes or statues, this recently developed area of Law does not (so far at least). The concept of a "Fashion Law" was developed in the United States and today important references in the subject are professors Susan Scadifi (Fordham Law School, NY) and Johanna Blakely (University of Southern California, CA).
The main branch of Law that is associated with Fashion Law is Intellectual Property (IP), trademarks, designs, copyrights and even patents are all very highly discussed topics in the fashion industry. But apart from IP, other topics are also very relevant such as contracts, employment, international trade, government regulation, business, consumer and civil rights.
A highly discussed topic in this field is regarding the protection of fashion designs. Under what branch of intellectual property should it be protected? Industrial design? Copyright? Both? For now, let's say that fashion companies have been relying much more on trademark protection than anything else. It's easier and faster. But is it ideal? I'll have a next post about this issue, so be sure to check it out!