Submitted by Hernani Medola (hernani.medola@mackenzie.br) on 2017-11-06T18:34:12Z No. of bitstreams: 2 Bruna Homem de Souza Osman.pdf: 1021365 bytes, checksum: a419f662c3c0e763d44540fb1a4d2e78 (MD5) license_rdf: 0 bytes, checksum: d41d8cd98f00b204e9800998ecf8427e (MD5) / Approved for entry into archive by Paola Damato (repositorio@mackenzie.br) on 2017-11-30T11:50:07Z (GMT) No. of bitstreams: 2 Bruna Homem de Souza Osman.pdf: 1021365 bytes, checksum: a419f662c3c0e763d44540fb1a4d2e78 (MD5) license_rdf: 0 bytes, checksum: d41d8cd98f00b204e9800998ecf8427e (MD5) / Made available in DSpace on 2017-11-30T11:50:07Z (GMT). No. of bitstreams: 2 Bruna Homem de Souza Osman.pdf: 1021365 bytes, checksum: a419f662c3c0e763d44540fb1a4d2e78 (MD5) license_rdf: 0 bytes, checksum: d41d8cd98f00b204e9800998ecf8427e (MD5) Previous issue date: 2017-09-26 / With the changes in the market and the consequent growth of the problems arising from the fashion industry, it is important to address this issue in the legal context, to understand better the issues and to apply better the laws. In this context, in the midst of several discussions, a new branch of the Law exsurges with the designation of Fashion Law, which is used repeatedly. A number of approaches are being pursued and a number of questions surround the theme, making it necessary to rehearse answers in more depth in terms of legal grounds. Despite the diversity of possible approaches, it is analyzed in the present study whether fashion and fashion design are objects of specific regulatory norms that can be concentrated. This is necessary in order to understand the relations and connections between fashion and law, as well as to identify the singularities of this thematic field that could determine it as an autonomous branch of law in Brazil or not. / Com as mudanças do mercado e consequente crescimento dos problemas decorrentes da indústria da moda, salutar que haja o enfrentamento dessa temática no panorama jurídico, para melhor compreensão das questões e melhor aplicação das leis. Neste contexto, em meio a diversas discussões, um novo ramo do Direito exsurge com a designação de Direito da Moda, o qual passa a ser utilizado de forma reiterada. Diversas abordagens estão sendo realizadas e inúmeros questionamentos envolvem o tema, fazendo-se necessário ensaiar respostas com maior profundidade em termos de fundamentações jurídicas. Apesar da diversidade de enfoques possíveis, analisa-se no presente estudo se a moda e o design de moda são objetos de normas jurídicas reguladoras específicas, passíveis de concentração. Tal é necessário no intuito de compreender as relações e conexões entre moda e Direito, como também, identificar quais seriam as singularidades deste campo temático que poderiam determina-lo como ramo autônomo de Direito no Brasil ou não.

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The aim of this thesis is to introduce fashion law as a cross-cutting legal branch which concerns many legal branches. In this work, the author focuses mainly on the regulation of the intellectual property law, which is absolutely crucial given the fact that the products of the fashion industry are the results of artistic creation. The introduction of the thesis is devoted to the history of the fashion law in the world and in the Czech Republic. The merit for the development and expansion of fashion law into awareness in Czech Republic belongs to The Czech Fashion Law Association. Further attention is focused on the design, its detailed conceptual and legal specification and familiarization with its types. Further on, the thesis deals with copyright protection of the copyright work. Copyright protection can be applied due to uniqueness and artistical value of the pieces. Particularly we speak about works of applied art, which are characterised by meeting the requirements of the daily needs except aesthetics impression. Industrial design protection is suitable for example for the protection of textile designs or the general original looks of products that fashion brands need to protect. The thesis is focusing on conditions, which need to be fulfilled for industrial design registration. It also...

Fashion law Abstract The main task of this thesis is to acquaint the reader with a relatively new cross-sectional field of law, which is the law of the fashion industry or fashion law. Although it is already established in the Anglo-American legal culture, in our country is still looking for its path. In addition to focusing directly on this field of law, the thesis also deals with certain aspects of intellectual property law that are associated with fashion law, and in the end, the various influences of fashion industry are briefly mentioned. The first chapter focuses on the definition of the concept of fashion law, how this field of law developed and what is its position in the United States, where it is taught at universities and was given some importance. The situation in the Czech Republic is also evaluated, where its development is mainly taken care of by the Institute of Fashion Industry Law. In order to provide a sufficient framework for other topics, the second chapter is devoted to the conceptual and legal specification of design and its protection. We will also get acquainted with its types with focus on fashion design. The third chapter is already fully focused on the first type of design protection, namely copyright. For the sake of completeness, this chapter discusses both the historical...

This thesis defines fashion law as a specific horizontal legal field that relates to the protection of design, materials, manufacturing processes, technology, shapes, lines, colours, finishing and labelling, trademark infringement and copyright protection. Moreover, it deals with crucial topics in the field of fashion law including licensing and enforcement of rights to the products available to retailers, manufactures, and fashion designers. In addition, the thesis studies the establishment and development of fashion law abroad, particularly in the United States of America, as well as in the Czech Republic. In this thesis, the definition of fashion design includes its features and unique remarks in comparison to other types of design. Further, the thesis thoroughly examines and analyses the protection of fashion design available to retailers, fashion designers and manufactures under Czech law, especially trademark protection, copyright protection, competition law and trade dress protection. It studies various sources of law, including case law, statutes, international treaties and soft law that relate to the protection given by the Czech and other legal systems. Moreover, it analyses the concurrence of the copyright protection of design and industrial design protection. Finally, the thesis studies...