Anna Heinemann is lawyer, author of the books “Law in the Fashion Industry”, “Intellectual Rights in the Fashion Industry”, Ex-lawyer of the Calzedonia group, moderator of the “Protection of Creativity in the Fashion Industry” sector at the V IP Forum of the O.E. Kutafina, postgraduate student of the specialization Jurisprudence at the Russian University of Economics named after G.V. Plekhanov. Anna Heinemann has been awarded by INFLAA as the ”Most Influential Lawyer in Russia 2019.”
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.