1. As we all know, the pandemic affected all industries. We, as the INFLAA, could not organize our annual summit last year due to the pandemic. The last time we met each other was in 2019 at the Fashion Law and Business Summit in Istanbul. At this summit, you shared the current state of fashion law in your country with us. What has changed since then? What are the latest developments in fashion law in your country?

We’ve all heard that the pandemic came to change the way we do business, which although it may seem repetitive is true, the digital transformation accelerated and came to make big changes in e-commerce, blockchain and data protection, which directly affects Fashion Law.

In the case of Chile we have seen how retailers (large and small) boosted their e-commerce. It seems to me that this was a great opportunity for national design, since all eyes were on the online platforms and they had greater visibility.

Regarding regulatory matters, we have seen how in the last time more importance was given to Data Protection. In 2017, a project to reform the Chilean data protection law, which dates back to 1999, entered Congress. This project had been stalled for a long time, however I believe that the momentum of the digital transformation during the pandemic, triggered in giving greater importance to people’s personal data. Such is the importance that it was decided to take measures from now on, with a law called “pro consumer”, which among other things comes to safeguard personal data in consumer relations, which is very interesting considering how e-commerce has grown in recent times.

2. As INFLAA, one of our aims is to create a common ground in order for fashion law to become an internationally known field. What do you think is crucial to create that common ground and eventually to make fashion law a world-widely known field?

I think it’s extremely important that INFLAA is an association with well-defined purposes, only in this way can we work with a view to the future. Secondly, I think it is essential that all players in the area of Fashion Law, particularly INFLAA members, are in the conversation, in the sense of being in the legislative discussion when there are bills that may affect the fashion, retail or luxury industry; to be in seminars and congresses talking about issues of importance to the industry.

3.What do you think is waiting for us in the future of fashion law?

It’s a mystery. Today we are talking about Blockchain, NFT, yesterday it was personal data, tomorrow it will probably be neuro-rights in the fashion industry. What I do think is that it will be something very interesting.

4.Which fashion law case has influenced you the most, so far?

Undoubtedly the Fashion Law case that has most influenced my life has been Christian Louboutin vs Yves Saint Laurent. Although it is a case of Intellectual Property, especially trademark law, if you ask me what is Fashion Law, that case answers it perfectly. It is the perfect intersection of how law and fashion converge.

1. What are the latest developments in fashion law in your country? 

Due to the COVID-19 pandemic, it is estimated that the total value of retail sales of clothing in Brazil fell by more than 30% in 2020, when compared to the previous year. However, this retail segment posted a significant recovery the following year, increasing its sales revenue by more than 25%. The Brazilian consumer is also more aware, and wants to know if the brand has sustainable practices.

Clothing production in Brazil decreased by about 18.7% in 2020, showing a strong change in Brazilian production compared to the numbers recorded from 2015 to 2019. During these years, the South American country maintained an average of approximately 5.8 billion garments produced per year. This expected drop in clothing production in Brazil is associated with the economic impact of the COVID-19 pandemic, caused by the new Coronavirus SARS-CoV-2.

China was by far the main country of origin for imports of textile and apparel products in Brazil in 2020, with a trade value of nearly 2.4 billion U.S. dollars. By a wide margin, India and Paraguay followed second and third, with approximately 267 and 196 million U.S. dollars in imports, respectively.Brazil is struggling to reduce china’s import dependency on raw materials, due to the high cost of the dollar in relation to the Brazilian currency and also the high cost of import rates.

 In that same year, Argentina was the top recipient of Brazilian textile and clothing exports. In other hand, main destinations of textiles and clothing exports 2020, Argentina was the main destination country for textile and apparel exports from Brazil in 2020, with a value of approximately 181 million U.S. dollars. The United States and Paraguay were the second and third most important export partners for the Brazilian textile and clothing industry that year, with 104 and 80 million U.S. dollars in exports, respectively.

In relation to fashion law, we can observe a greater number of clients seeking legal assistance for negotiation and renegotiation of various contracts. In addition, due to the crisis, there was an increase in entrepreneurial activities, consequently generating an increase in the demand for services in intellectual property, such as trademark registration, patents, and other forms of protection.

Fashion law as a teaching field also had a great impact, because before the pandemic there was only one online course, of which I was the coordinator, and due to the pandemic all courses had to adapt to the online format.

2.As INFLAA, one of our goals is to create common ground for fashion law to become a known field. What do you think is crucial to creating that common ground and making fashion law a world-renowned field? 

Unfortunately in Brazil, fashion law is not publicized by universities. The Brazilian Bar Association has been a major agent of innovation, supporting fashion law teaching and practice initiatives. Through the Fashion Law Commissions of the Brazilian Bar Association, we form a large ecosystem of fashion lawyers. I believe INFLAA will be able to do the same on a world scale.

3. What do you think awaits us in the future of fashion law? 

I see a very promising future for fashion law. A fashion lawyer’s legal advice is essential for fashion entrepreneurs. There is no more time for amateurism in the fashion world.

With this in mind, we created the first Fashion Law and Business School in Brazil, which has the support of INFLAA.

4.Which fashion law case has influenced you the most so far? 

In intellectual property, the case of the red sole of the Louboutin shoes . In M&A, Tiffanys sale to LVMH Group.  The Rana Plaza Collapse, as a symbol of the importance of human and labor rights in fashion.

1. As we all know, the pandemic affected all industries. We, as the INFLAA, could not organize our annual summit last year due to the pandemic. The last time we met each other was in 2019 at the Fashion Law and Business Summit in Istanbul. At this summit, you shared the current state of fashion law in your country with us. What has changed since then? What are the latest developments in fashion law in your country?

Now in Russia, a proposal is being considered to change part 4 of the Civil Code, on the possibility of registering trademarks in the name of citizens of the Russian Federation and foreign citizens engaged in entrepreneurial activities without state registration as an entrepreneur and their participation in the rights to registered trademarks.  This means they will create the possibility of registering trademarks not only for entrepreneurs and legal entities, but also for self-employed citizens. It also provides for a special legal regulation of relations arising from the inheritance of the exclusive right to a trademark in the event of the death of the citizen – the copyright holder. (draft federal law of the Ministry of Economic Development of the Russian Federation Проект Федерального закона “О внесении изменений в часть четвертую Гражданского кодекса Российской Федерации” (подготовлен Минэкономразвития России 16.11.2020)) The market for the fashion industry in Russia fell in 2020 due to the pandemic.  The decline in demand last year affected domestic goods and imports.  But part of Russian production in the total market volume (in 2019 it was 2.3 trillion rubles) has been falling for several years.  world corporations are pushing domestic producers out of the market.  Russians also began to buy things online more often – according to the Russian marketplace Wildberries, in the third quarter of 2020, the turnover of premium goods doubled compared to the same period last year. since 2020, the number of partners of the Lamoda marketplace in Russia has increased by 30%, the press service of the company said. So, Russia is on the path of developing digital fashion (increasing sales on trading floors, creating virtual fitting rooms, etc.), this development of digital fashion is discussed at the main business platforms of the creative industries in Russia, such as the Russian Union of Industrialists and Entrepreneurs, ip quorum, creative week and other.

Also in Russia there have been changes in patenting. The Russian Patent Office begins to accept 3D models of objects.  This means that everything that designers create in 3D technology can be patented.

This also applies to ornaments, patterns, colors – all creative products will be protected by copyright.

During the pandemic, for example in Moscow, in order to prevent the liquidation of the Beauty Industry (beauty salons, fitness centers, brow bars, etc.), associations of beauty industry entrepreneurs were created, who, with their active connection and initiatives with the business Ombutsman of the city of Moscow, received state support in the form of compensation  Minimum wage.  Also, due to the pandemic, the number of craftsmen who work at home, without qualifications, has increased, which means that such illegal activity does not meet safety standards, therefore, an initiative was created to create a Beauty ID for specialists, which will be admission to legal work.

Thus, fashion law in Russia is a relevant and important sector not only for the development of fashion business, but also for the beauty industry at the moment, which can cover various legal issues that require government support measures and changes in the relevant legislation.

2.As INFLAA, one of our aims is to create a common ground in order for fashion law to become an internationally known field. What do you think is crucial to create that common ground and eventually to make fashion law a world-widely known field?

My opinion is that INFLAA, as an international association based on membership, should represent the interests of the member countries on the principle of WIPO’s work on the consideration of issues of patenting the results of intellectual activity, registration of means of individualization and the fight against counterfeit.  For this, I think fashion law associations or committees should be created within each country with the support of, for example, Rospatent and the Chamber of Commerce and Industry.  Also, each country should conduct educational activities “fashion law” for both students and entrepreneurs of the fashion industry in order to provide legal support for the fashion business and increase the level of registration of intellectual property objects.  The course “fashion law” can be included not only in the legal education system, but also in the management education system, as well as accompanied by international partnerships of foreign universities, involving the exchange of foreign students in order to obtain diplomas from around the world.

3. What do you think is waiting for us in the future of fashion law?

My opinion is that due to the information on the Internet, educational programs, books, common international books, fashion weeks and the international fashion law community, there will be many fashion lawyers, and the fashion law sector as a part of intellectual property law will be explored by the scientific community with writing scientific publications and dissertations. I think that fashion law experts should have the support of chambers of commerce and industry, Patent Offices, Ombudsmen for the Rights of Entrepreneurs, state universities in order to effectively develop a legal institution.

In the future, fashion law will be an international organization that includes lawyers from different countries and offers international legislative initiatives as well as fashion law education with the opportunity for students to study in the partner’s country.

4. Which fashion law case has influenced you the most, so far?

I cannot single out one, but I can say that while researching international practice, over the years I have noticed novels and precedents. This helps to analyze the current practice within their country and recommend the Russian fashion business to develop on the example of large international fashion brands.

1.As we all know, the pandemic affected all industries. We, as the INFLAA, could not organize our annual summit last year due to the pandemic. The last time we met each other was in 2019 at the Fashion Law and Business Summit in Istanbul. At this summit, you shared the current state of fashion law in your country with us. What has changed since then? What are the latest developments in fashion law in your country?

Definitely, the perspective of fashion law in Colombia since the pandemic has changed and the panorama we saw in 2019 is now different. This situation brought challenges for the national fashion industry, just like what happened around the world. However, these challenges were accompanied by resilience and a lot of creativity. In Colombia, although the economy was impacted and many jobs were lost, many people also decided to create a company, many adapted to the new reality and new consumer needs. Forced digitization was an advance that many were putting off and had to make the decision, omnichannel is a reality.

The fashion industry was shown to be strong and able to survive, there was a lot of teamwork, a lot of collaborations and support for local fashion. The consumption of national brands increased. On the other hand, fashion law also withstood the crisis, we continued working to reach more people and virtuality allowed us to reach places where we had not reached before. More and more people are interested in learning and working in this area.

2.As INFLAA, one of our aims is to create a common ground in order for fashion law to become an internationally known field. What do you think is crucial to create that common ground and eventually to make fashion law a world-widely known field?

I think it’s important to continue making alliances, working as a team we can reach more people. Spaces such as international meetings and the different projects that have been carried out with the INFLAA team allow us to strengthen ourselves further. We should take more advantage of the virtuality and the ease of being able to keep in touch, share ideas and create more content and information for those who don’t yet know the fashion law.

3.What do you think is waiting for us in the future of fashion law?

I’m very optimistic and I feel that we’re growing, more and more of us are interested in this discipline.

Fashion law cases will continue to exist and the new dynamics motivate us to be updated and constantly adapt our practice to the new needs of the fashion industry.

4.Which fashion law case has influenced you the most, so far?

It’s difficult to choose a single case, but I believe that due to the reality of Colombia and Latin America, cases related to cultural appropriation have influenced my work. It is an uncomfortable reality but one that we cannot hide and that fashion law still has a lot to do.

On the other hand, the regulation of influencers in other countries has been important for my work in fashion law and thanks to this comparative law work, currently in Colombia there are some regulations to control the advertising made by these people.

1) As we all know, the pandemic affected all industries. We, as the INFLAA, could not organize our annual summit last year due to the pandemic. The last time we met each other was in 2019 at the Fashion Law and Business Summit in Istanbul. At this summit, you shared the current state of fashion law in your country with us. What has changed since then? What are the latest developments in fashion law in your country?

In Poland, nothing has changed in the fashion law, because we have no fashion law as an official legal field. We rely on a combination of civil law, intellectual property law and copyright law. However, the legal awareness of people who work in the fashion industry is changing. The pandemic made a lot of people support and promote each other. People began to pay great attention to the origin of the product and the composition of the fabrics.

I published the Code of Ethics for the Fashion Industry in Poland, which was very well received, and even the Polish VOGUE wrote about the Code. Such regulations are needed.

2) As INFLAA, one of our aims is to create a common ground in order for fashion law to become an internationally known field. What do you think is crucial to create that common ground and eventually to make fashion law a world-widely known field?

This is a very good question. I would like to publish a book with you. It does not have to be paper, it can be an e-book, but I believe that by creating an international publication, written in very simple language, we can reach many and make the law of fashion known all around the world. I even have an idea for it 🙂

 3. What do you think is waiting for us in the future of fashion law?

In my opinion, even greater growth of the e-commerce department. Perhaps this is due to the creation of some separate provisions, because the law on distance selling to consumers and entrepreneurs may not be enough.

4. Which fashion law case has influenced you the most, so far?

The case about the red sole was the biggest influence for everyone. This case has opened people’s eyes to what is protected. This case also showed that industrial property surrounds them. For me, the most important thing now is the advertising of various products and sharing them on social media. Not everyone wants to be associated with a particular brand, such as the Ferrari vs Plein case. This is where the legal regulations of social media come into play. For example, the case with Volvo and a photo session shared on Instagram. These are the most interesting things of the present day.

Graduated from Universidad Rey Juan Carlos in Spain, Antonella Di Campo founded Fashion Law Institute Spain in order to offer consultancy and training programs for the textile, footwear, jewelry and cosmetic industries in Spain in 2017. Antonella Di Campo has been awarded by INFLAA as the ‘’Most Influential Lawyer in Spain 2019.’’

1) What are the latest developments in fashion law in your country?

First, thank you very much for this invitation.

Considering that fashion law is so vast, it is difficult to demarcate its advances in an area. However, I could say some topics covered by this discipline and its evolution in Spain.

Contractual: With the development of fashion law and the media impact it has had in Spain and the world, now fashion brands, especially small and medium-sized ones, are more aware of the convenience of going to a specialist in the sector before signing a contract or launching your business. With the pandemic, a fashion retail entrepreneur and property owners or managers had to sit down to negotiate the rental fees, even some autonomous communities of Spain legislated on the matter to protect the interests of the affected merchants.

Sustainability: in terms of sustainability, on April 8, the first Law on Climate Change was approved in the Congress of Deputies in Spain, which aims to comply with the objectives set in the Paris Agreement, this search to improve environmental conditions of the planet includes the fashion industry, its production and marketing. Also, there are more and more brands, including fast fashion, that offer a more environmentally friendly product and present new upcycling alternatives, coupled with a more informed and demanding consumer of a more ethical and sustainable fashion.

Communication: Fashion Law in Spain is known among the community of lawyers and the fashion community, thanks that there are more schools offering this training and also the publication FLIS® Moda y Derecho al Día that we publish at Fashion Law Institute Spain as the first publication specialized in fashion and law in Spanish, it helps to disseminate interesting information about the motherland and helps to publicize the Fashion Law exists to Spanish-speaking people. Now more Spanish law firms offer fashion law services beyond intellectual property.

There are other advances in the matter, but counting them would make the interview very long, but for now, these are the most representative.

2) As INFLAA, one of our goals is to create common ground for fashion law to become a known field. What do you think is crucial to creating that common ground and making fashion law a world-renowned field?

If I believe it is important to join forces to achieve greater international recognition and media impact of Fashion Law, as more people speak in a coherent and serious manner about fashion law, the faster the fashion market will understand the convenience of resorting to specialized attorneys rather than a general practitioner, and this represents a win-win for everyone involved.

3) What do you think awaits us in the future of fashion law?

A future with a more focused, refined, knowledgeable and legal ally of the fashion industry awaits us. It is only necessary that, like all processes, it follows its natural course and complete development until its consolidation. It is important to understand that this is a slow process that must be consistent with the values of both industries, fashion and law, without losing the essence and character of each of them.

4) Which fashion law case has influenced you the most so far?

 I don’t have a particular case as such, more than one stream of judicial decisions can tell you that they are showing more flexibility in relation to granting protection, the recognition of the distinctive character of trademarks or distinctive signs acquired through use or time, this has thrown decisions that might have seemed impossible to achieve a few years ago, such as Christian Louboutin’s position and color mark or Valentino’s Rockstud design, or the achievement of copyright recognition in the case of Star Athletica, V. Varsity Brands, Inc. In short, more than seeing specific cases, I see a trend more favorable to the creative industries and especially the fashion industry in various jurisdictions and obviously this will improve over time with the development of fashion law such as legal discipline.

Graduated from Obafemi Awolowo University in South-West Nigeria, Annie Oti founded Africa Fashion Law  in order to offer consultancy and training programs for the textile, footwear, jewelry and cosmetic industries in Nigeria in 2017. Annie Oti has been awarded by INFLAA as the ‘’Most Influential Lawyer in Africa 2019.’’

1. This year (2021), you have organized a Mentorship Program, that we were one of the sponsors. Can you explain this Program for our community? What were the outcomes of the Program?

The Global Fashion Law Mentorship Program was created to provide Mentorship, learning resources and internships for law students, lawyers and fashion enthusiasts interested in fashion law. The program lasted for 3 days after which the participants had the opportunity to make internships at different law organizations around the world for a month. The organizations include Aluko & Oyebode in Nigeria, Brand Counsel US and Legal Desire India.

We are looking forward to hosting the second edition next year and having more internship opportunities for our participants as well as expanding the Mentorship program. Let’s stay tuned as it is open to the world, our speakers are from diverse backgrounds and we make it a priority to conduct a comparative analysis of laws from different jurisdictions.

2. As INFLAA, one of our aims is to create a common ground in order for fashion law to become an internationally known field. What do you think is crucial to create that common ground and eventually to make fashion law a world-widely known field?

In order for fashion law to become an internationally known field, fashion lawyers across have to focus on impacting the fashion industry, impacting fashion companies by providing need based legal solutions which would advance the industry and the fashion companies.

3. What is the current state of fashion law in Africa? What do you think is waiting for us in the future of fashion law?

Fashion Law in Nigeria and Africa at large is an emerging area of law; however, the profitability of this area of law is subject to the development of the fashion industry in Nigeria and Africa at large. Like the entertainment industry, the fashion industry is gradually driving towards its potential, however there are loopholes in the fashion value chain which has limited the development of this industry but with time and proper business and legal guidance, the industry will attain its full potential.

The future of fashion law globally is driven by the future of the global fashion industry. As lawyers, it is imperative we provide practical solutions which can help protect and develop businesses in the fashion industry. When the fashion creatives win, we the lawyers win.

4. The crypto economy is starting to have more and more influence on the fashion industry as well as other industries. We witness many brands creating their own NFTs and accepting cryptocurrencies as valid methods of payment. Africa, especially Nigeria, has adapted to the crypto economy very quickly. What do you think about this? What do you think is waiting for us in the future of fashion, NFT and the crypto economy in Africa?

I believe in the future brands will continue adopting NFTs and accepting cryptocurrencies as one of the valid methods of payment. The benefits are numerous, for brands seeking to expand and grow their business, cryptocurrencies pose the perfect investment opportunities for startups and established companies plus there is no worry about exchange rates. Although there are downsides, cryptocurrencies is here to stay and will continue to serve as an effective method of payment.