Fashion law: a propriedade intelectual e os seus institutos jurídicos de proteção

Abstract

Fashion is present in history at different times, portraying divergent behaviors and events of societies. From this perspective, the present study has for the purpose of getting into the ins and outs of Fashion Law in the legal system Brazilian, showing the legal institutes that are used as methods of protection from the fashion industry, given that Brazil's legislation is scarce regarding this theme, there are challenges that need to be overcome. One of these challenges, is related to the copies of fashion pieces, in which the conflict it's about how the legal regiment will protect breeders from being recognized as the holders of the objects, as well as to be duly compensated, with a certain amount of money, for each time your idea was reproduced, once that this sector moves billions of dollars a year, which makes its relevance viable facing contemporary society. Therefore, as a general objective, the work exposed, it is intended to analyze the Fashion Law and its legal instruments such as the patent, trademark, industrial design and copyright, in addition to illustrating the mode how each one would fit in the face of the problem addressed, noting, the depend on the specific case, that there is no single and correct protection tool definitive. The hypothetical-deductive method was used, presenting the hypotheses of solution that was configured as the aforementioned legal institutes, being possible to select the most appropriate given the artifact that is intended to protect and the function to be achieved. Finally, it was found that specific guardianship is possible. of fashion pieces, concluding that Brazil has the necessary legal basis for the authors of creation manage to protect the particularities of their inventions and brands