THE PROTECTION OF FASHION DESIGN AND THE RELATIONSHIP OF THE “TRADE DRESS” INSTITUTE WITH UNFAIR COMPETITION

Abstract

In Brazil, the Fashion Industry has been one of the economic pillars of the country's development since the last century. It is imperative to make visible the need for legal protection for this creative industry that is in a frenetic process of renewal, whose reach is global and which reflects the cultural identity of the person who uses it. Around the world, the fashion industry has evolved exponentially over the last decade, adding new technologies to its transformation model and, with it, new challenges with regard to protecting the intellectual property of its creations. Thus, the general objective of this article is to analyze the relationship between fashion and society and the economy, as well as the need to protect investments made by companies. To meet the proposed objectives, indirect documentation was used – with systematic observation, covering bibliographic research of primary and secondary sources (doctrines in general, scientific articles, master's dissertations, doctoral theses, etc.), in addition to official documentation ( bills, laws, decrees, summaries, rulings, decisions, etc.). In Brazil, there is still no legal protection for fashion creations and brands in relation to piracy, which causes financial losses for companies and the economy as a whole. The institute of fashion law is a fundamental tool for contemporary law, which unites fashion and law in favor of protecting creation and guaranteeing exclusivity in the sphere of industrial property.