Fashion law: a proteção da propriedade intelectual em relação a produções advindas da indústria da moda

Abstract

The research analyzes the applicability of the intellectual property related to fashion industry artworks and observes the impact of unfair competition in the economic and creative scope of a brand or artist. As so, observes the technical aspects of intellectual property, mainly industrial property, author rights, and the trade dress violation as a form of unfair competition. Furthermore, appraises which requirements are necessary to a fashion artwork be protected by the Industrial Property Law, so as the Author Rights Law. By the end, proposes the analysis of three judicialized cases in the brazilian courts involving industrial property, so as author rights in national and international brands, where the respect of the intellectual property are acknowledged for multiple reasons