Fashion Law: buscando estruturas jurídicas protetivas para artesãos brasileiros, criadores de moda no cenário internacional e sujeitos à contrafação

Abstract

The theme of this work is Fashion Law or “Law of fashion”, being delimited as to the search for protective legal structures for creators and their creations, both nationally and internationally. This theme is still recent in the Brazilian scenario, with Brazilian legislation and jurisprudence still very scarce, particularly regarding the fashion creations made by artisans. The case studied, the object of this work and which best illustrates the vulnerability of Brazilian fashion designers is the case of bikinis created by Solange Ferrarini in Trancoso and copied by Kiini, an American beachwear brand. From this case, object of judicial dispute, were analyzed the Brazilian legislation and jurisprudence, as well as the American and French law, besides conventions and treaties about the protection to the artisans who create fashion. Thinking and studying “fashion law” is of paramount importance for artisans to be able to protect their creations internationally, whether they be garments, fabric prints and knitting and crochet.