DESAFIOS PARA A HARMONIZAÇÃO DAS DECISÕES SOBRE OS DESIGNS DE MODA

Abstract

Nowadays, there is an increasing relevance of the fashion industry and its respective products. Coming very fast to the consumers, consequently the rampant production as well as its colossal revenue, has substantially corroborated with the copying of original models from so many brands, replicating illegal fashion creations deliberately. Due to the growing importance of fashion for behavior, society, and especially about the right of creators in this industry, it has demanded, alongside intellectual property, the right to their creations when authentic and genuinely eligible for it. The current study intends to collaborate for the expansion of juridic debates about the theme and understand which criteria are used to ensure the copyright of a creator in a piece of the fashion industry. The methodology applied was deductive, through observations of previous decisions, and research in the area of Fashion Law, still little explored in Brazil, but our legal system already has some answers that help to have deeper notions regarding the complexities of the fashion universe and its issues.