Lawyers weave the right of fashion
Fashion is an essential economic sector in Spain that generates 2.8% of GDP and has an important presence in the working world, more than 4% of employment.Due to its importance in the economy, fashion law arises from the need to address the applicable legal system and the resolution of specific conflicts in the sector in a specialized way.
Lawyers dedicated to this sector have a fundamental role through transverse and highly specialized legal advice to companies that participate in fashion, design and luxury industries.
This advice begins since a product leaves the designer's head until it ends its days.The law firm participates in the regulation of both the working conditions of the designers and the ownership of their designs.Then the commercial hiring arrives, from the supply of raw materials - acquired almost always in third countries - to its manufacture, distribution and storage.The same happens with the marketing models (franchise contracts or agency so common in the sector).You have to rent or buy premises, decoration, hire employees, comply with the retail trade regulations of each CCAA, advise on consumer and user protection regulations, advertising legislation ... If companies also sell online, you also need to advise onStrict remote sales regulations.
Transverse advice
Professional practice in this market requires strong knowledge in industrial and business property law in order to provide their legal services in protection of brands, patents, designs.This normative area is essential to protect any distinctive sign of the designs, the base of the fashion sector business that subsequently moves to the market.
Fashion is a very competitive and dynamic sector for the need must be nourished by new aesthetic creations that must be protected against copies and imitations.It is not enough with a deep legal knowledge, the offices are aware of the speed with which the sector moves and the deep structural changes to be faced so that a very direct relationship is essential with designers, fashion and luxury businessmen.
But the advice can come from all departments of the office, from real estate to environmental and industrial property."The beautiful thing about this sector is its complexity and competitiveness, factors that need to have teams of specialized lawyers in different areas of law but have a common point: deep knowledge of the fashion industry," says Cristina Mesa, partner of the departmentof industrial and intellectual property of Garrigues.
The advice they start up and legal boutiques is transverse because they offer their services to an industry that addresses all branches of law.For Silvia Muñoz Valera, CEO of Torrijiano Abogados, "The right of fashion is a vortex that crushes the old concept of legal areas and that goes beyond the right itself".To face this challenge, multidisciplinary work teams are needed to be able to give an adequate response to the needs of customers, "which means an exciting challenge when exercising law, and strong doses of passion and commitment are needed," says the lawyer.
Likewise, the remarkable increase in the use of information and globalization technologies in the textile industry imposes on the advisor of companies or designers who sell online the duty to have knowledge about digital regulation.In particular in matters such as bloggers and influencers relationships;The assignment of image rights, electronic commerce, cookies use or data protection.
The environmental law has also penetrated in this industry to introduce the perspective of sustainability in fashion motivated by the need to face climate change and overcome situations of labor exploitation and violation of human rights in countries where labor and labor andimplying an international commitment.Silvia Muñoz defends that "fashion will be sustainable or not".
This industry requires lawyers with a very wide knowledge of the sector and its different branches -Textile, footwear, jewels, etc..-, which includes from artisanal and circular economy designs to products manufactured quickly by detecting trends and programmed obsolescence."It is not easy.
Specialized lawyer
In the case of in house lawyers of fashion companies, the usual contact with those responsible for marketing, business and sales development must be fundamental, “if not, the relationship can be very frustrating and unproductive,” adds CristinaTable.
The firm specialized in fashion law or with ad hoc departments bet on the hiring of lawyers with a double training with specialty in commercial, labor and fiscal law, as well as a deep knowledge of the sector.Without forgetting that it is increasingly required that these professionals have a deep knowledge of the technological component, especially essential for companies in the sector that are affected by new consumption habits and their digitalization.
As Enrique Ortega, the Fashion Law and the retail industry have been affected by movement restrictions and the decrease in consumption.Therefore, and due to the changes in consumer habits that are increasingindustry gain more and more importance ”adds.
In any case, the experts agree that beyond all knowledge, the passion for fashion, commitment to the client, and multidisciplinary groups and with diverse profiles, they must be the indispensable characteristics of any team dedicated to law in thisindustry.
'Fashion' frente a Covid- 19
Business fall.The accumulated annual decrease in January and February among fashion companies stood at 47.2%, above 39.8% with which the sector ended the 2020 set.These entrepreneurs trust that sales already begin to write down positive monthly evolutions given the low comparative base with 2020.
Sector changes. La crisis económica derivada de la pandemia “ha sido un momento propicio para encontrar nuevas oportunidades de inversión para muchas empresas del sector”, asegura Esther Pérez, manager de Mercantil y M&A en Ceca Magan. Se ha recurrido a la concentración (Talaman adquirió Canada House y Tuc Tuc o El Corte Inglés absorbió Sfera), otras han tenido que salir del mercado español (Petit Bateau), ajustar estructuras (El Naturalista y Primark), posponer relanzamientos (Intropia) o se han visto obligadas a declararse en concurso (Brooks Brothers, Majorica, Etxart&Panno).
Less brand records.The International Brands Registry decreased slightly by 2020, due to slowing down in the introduction of new products and services.International requests submitted to the International Brand Registry fell 0.6% in 2020, falling to the figure of 63.800.This is the first decrease from the 2008-2009 world financial crisis.
Drawings and models.The economic impact of the COVID also affected the demand for protection of industrial drawings and models through the Hague System for the International Registry of Industrial Drawings and Models.Demand descended 15% in 2020, until 18.580 designs, being the first decrease since 2006.
