Does Brazilian fashion know how to protect itself?

by Roberta Xavier da Silveira Calazans

June 06, 2012


“A world without fashion would be grey and dreary, and millions of people would have nothing to live for.” – Pierre Cardin

Fashion week symbolizes the pinnacle of recognition, appreciation and motivation for innovation and creation. This is the meeting about what is new in the fashion industry as a result of the creativity and investment of stylists and business people.

Intellectual property has a role in this field inasmuch as a creation can be protected through differing branches of this area of law. Despite the high level of investment in fashion, the protection of these types of intellectual goods is still not widespread amongst national designers.

Designing clothes, bags, shoes and accessories without proper protection means a short life for the creations. Dresses, for example, can be protected as an industrial design. An industrial design registration must have novelty and originality, not be something which is purely artistic and have industrial application.

Distinctive logos and original names are what make certain labels truly iconic. These unique signs are suitable for protection by intellectual property through trademark registration.

Moreover, inventions and improvements to products and processes in this field can be protected by patents.

It was through the constant investment and care in the protection of their intellectual property that made the trademarks of the famous designers Valentino, Giorgio Armani, and Salvatore Ferragamo, amongst others, sacred in the market.

It is hoped that RIO FASHION BUSINESS will have promoted trademarks and generated great opportunities in the industry, but that it will have served above all to remind national fashion designers of the importance of protecting their creations as intellectual property – a practice, unfortunately, still not widespread in this line of business which is of great importance and worth billions to the Brazilian market.


Roberta Xavier da Silveira Calazans

Agente da Propriedade Industrial , Advogada

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