The Australian Fashion and Textile Industry includes design, textile, manufacturing, retailing, marketing, events, and education activities. It is a valuable contributor to the Australian economy and it is also an important contributor to Australia’s creative and cultural fabric. In 2021, according to a report released by the Australian Fashion Council, the Australian fashion industry contributed more than $27 billion to Australia’s economy. The Industry employs more than 489,000 people, 77% of whom are women.
The Brazilian fashion industry generates around 1.5 million of jobs and has the fifth largest textile industry in the world. In 2019, the fashion industry had a turnover of R$185.7 billion (www.abit.org.br/cont/perfil-do-setor), becoming a promising sector with new technology and sustainable developments. Notably, the fashion luxury market is growing due to an increasing number of Brazilian millionaires, which in 2010, according to Capgemini, was 86,000 (www.capgemini.com/es-es/wp-content/uploads/sites/16/2019/07/World-Wealth-Report-WWR-2019.pdf).
In Brazil, ‘iconization’ of brands is a characteristic of the new fashion era. Trademarks are still at the center of the market interest. Trademarks in fashion are a way of communication, a way of free speech and status. Brazil has a continental dimension. Many cultural, artistic, and folkloric aspects are reflected in fashion and accessories.
However, many legal and social challenges in the productive chain are still faced in our country, such as the informality of workers, the distribution chains, or tax aspects. On the other hand, it is undeniable that the Brazilian creativity and strong exotic culture may contribute to placing Brazil first among worldwide brands (Natura is an example of this importance). Brazil is a paramount leader in beach wear and denim sectors. Designers such as Alexandre Herchcovitch or Alexandre Birman are examples of contemporary influence associated with Brazilian culture in fashion.
Fashion law in Brazil is interdisciplinary and transversal, touching many areas of the law, not only intellectual property or trademarks. Often consumer, labor, contractual, tax, corporate, advertising and even environmental law are involved.
“China” in this chapter refers to Mainland China and does not include Hong Kong SAR, Macau SAR and Taiwan.
China is now a major contributor to the world fashion industry. China has transformed from an inexpensive manufacturer into a place where every area of the fashion industry is represented. Malls in any city of substance have outlets for almost every major fashion brand in the world. This is only part of the story, however. China is now an important source of the resources that support the fashion industry: models, fabrics, design, machinery and equipment and logistical support.
In 2020 the total revenue from textile and clothes production was approximately US$210 billion; for textiles exported from China it was approximately US$153.8 billion; and for clothes exported from China, approximately US$137.4 billion. (Figures from The White Book on Intellectual Property Protection in China’s Clothing Industry, published on April 25, 2021 by Beijing Intellectual Property Judicial Protection Association in Beijing, China.)
The turnover of the Finnish textile and clothing industry was EUR 3.95 billion in 2020, and the industry employed 18,000 people in a total of 3,180 companies. The export of textiles and fashion goods out of Finland totalled EUR 648 million.
Finland has a strong track record of technical innovations, and Finnish textile innovators are ambitiously seeking to solve global climate challenges. One example of the Finnish textile industry?s carbon handprint (a measure of beneficial greenhouse gas impacts) is the production of recycled and cellulose-based textile fibres in Finland and the export of the related expertise.
Finns are known for favouring domestic brands, and consumer interest in sustainable business is clearly on the rise. Beloved consumer brands range from classics, such as Marimekko and Andiata, to newer arrivals, such as Makia.
In France, fashion remains the sector the most affected by counterfeiting activity, increasingly online. Further, its capital city Paris is known all around the world as the capital of fashion. Therefore, French law is quite protective and enforces the IP rights of the fashion industry using diverse and specific tools.
Several years ago, Oprah Winfrey asked the internationally famous fashion designer Ralph Lauren how he manages to re-invent himself in these short terms of fashion seasons. He answered bluntly: "You copy … Forty-five years of copying, that’s why I’m here." (Farkas, Nachahmungsschutz und Schutzrechtskumulation am Beispiel von Modekreationen, Baden-Baden 2016, p. 23.)
So, it seems that copying is the way to be successful in fashion industry. However, that does not mean that fashion designers copy their competitors but instead may return to old designs and styles, sometimes from several centuries ago. If this is the case, these old designs are no longer protected (if they were at all). However, in many cases designers go back only a few fashion seasons. This is the reason why Intellectual Property Rights are important to safeguard fashion designers' interests.
Creativity has always formed an integral part of the Greek culture and tradition. One need only to consider the events that have taken place in Greek historical monuments and cultural heritage sites (such as the recent Dior fashion show held at the iconic Panathenaic Stadium (Kallimarmaro) in June 2021) to understand the great influence that Greek culture has on the fashion industry at a global level.
The turnover of the Greek fashion industry was EUR 3.2 billion in 2020 (significantly lower than the average EUR 4 billion – due to the global Covid 19 pandemic), with textile and clothing representing EUR 2.6 billion, footwear EUR 685 million and sportswear EUR 658 million.
Alongside iconic domestic brands such as Zeus & Dione, Vassilis Zoulias, Ancient Greek Sandals, Mary Katrantzou, Sophia Kokosalaki, Dimitris Dassios, Yiorgos Eleftheriades and Celia Kritharioti, there is a considerable number of emerging Greek designers dedicated to sustainable, ethical fashion, using environmentally and socially friendly manufacturing techniques and materials.
Hong Kong has long been one of the top markets for fashion goods. In recent years, the fashion industry in Hong Kong has been hit hard by social unrest and the COVID-19 outbreak. In the first three quarters in 2020, the number of tourists dropped by over 90% according to the World Tourism Organization (UNWTO). On the other hand, the value of clothing export from Hong Kong fell by 34% to US$8.24 billion due to regional competition, according to the Hong Kong Trade Development Council (HKTDC) research. However, with its duty-free policy and robust IP protection regime, Hong Kong has proven to be a resilient market and has shown signs of recovery as the city starts embracing the paradigm shift to e-commerce.
Rapid growth in the global economy has placed a premium on innovation and Intellectual Property rights. There is no denying that Intellectual Property rights have served as a catalyst spurring innovation and accelerating growth. India has transitioned from a process-patent oriented system to a product-patent system using The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) as an opportunity to amend its laws and the TRIPS-compulsions as an opportunity to make giant strides in this well-known but unexplained terrain.
After Pharma, a crucial sphere of IP rights in India is the fashion industry. Although IPR attempts to tackle the emerging issues of fashion law, it will nonetheless always remain an unfinished chapter in view of the ever-expanding horizons of law.
The Irish fashion market is a mixture of foreign-owned high street stores and independent Irish designers. Many international designers, such as Louise Kennedy, Paul Costello, Simone Rocha, Peter O'Brien, and Philip Tracy are originally from Ireland.
During the last few decades, local manufacturing of fashion goods in Israel has decreased significantly, partly due to rising production costs. Simultaneously, Israeli consumers' preference for international fast-fashion brands is growing and the sales are increasingly shifting to e-commerce. At the same time, Israeli designers have been making a name for themselves internationally (for example a few years ago, a quarter of all wedding dress designers in NYC Bridal Fashion Week were Israelis).
The fashion industry in Italy generates over 80 billion Euro (8.5% of the manufacturing industry) and employs almost 500,000 people (12.5% of the workforce). In the period from 2019 to 2021 the fashion industry saw a steady and considerable growth, reporting an 8% increase in 2021, doubling the estimate based on previous years. Aside from the most notable high-end luxury brands, small and medium enterprises (SMEs) still constitute the majority of the operators in the field.
Singapore has a highly educated, tech-savvy, and digitally connected population, which has resulted in a boom in online fashion shopping. Singaporean shoppers have high expectations of the online shopping experience and an increasing number have also begun prioritising personal alignment with brand values such as sustainability and diversity.
The fashion industry is characterised by speed, transience, and obsolescence. Technological advancements have facilitated easy copying and counterfeiting, necessitating robust intellectual property protection and enforcement strategies.
This chapter introduces Singapore’s strong and reliable intellectual property regime. Singapore is well positioned in its move towards becoming a global intellectual property hub in Asia, and provides a conducive environment for intellectual property development, protection, and enforcement.
Nowadays, Spain is one of the most important countries in the fashion industry, having traditionally been at the forefront of fashion and elegance. Cristóbal Balenciaga, Pedro del Hierro, Amaya Arzuaga, Paco Rabanne, Custo Dalmau, Ágatha Ruiz de la Prada, Adolfo Domínguez, Modesto Lomba, Victorio & Lucchino and Roberto Verino: they are just some of the representatives of the fashion industry in Spain. In this context, Spain has found its place in the fashion industry thanks to companies, popular events and designers that have conquered the international market with impressive results and success. In this sense, Spain is synonymous with competitiveness, creativity and innovation and, therefore, intellectual property is a vital tool to protect fashion products in Spain.
Thailand has many attributes that make it attractive to fashion industry professionals. With a history of silk production and a start-to-finish supply chain, the country plays an important part in the global fashion industry (see www.boi.go.th/upload/content/Textile_industry_24012018_47831_5ae68da76c7f2.pdf).
In order to strengthen its reputation on the world stage, Thailand has been working hard to ensure that the intellectual property (IP) rights of participants in the fashion industry are protected. The Thai Trademark Act was amended most recently in 2016 and included increased protection for non-traditional trademarks, among other modernizations. Another milestone was achieved in 2017, when Thailand joined the Madrid Protocol. In the near future, amendments to both the Thai Copyright Act and Patent Act are expected. All of these changes demonstrate that the Thai government is dedicated to ensuring that IP owners have confidence in doing business in Thailand.
As of 1 January 2021 the UK is no longer a member of the European Union. EU Regulations that were in force on 31 December 2020 were brought into English law and thus there may currently be little difference to the pre-Brexit situation. However, in the future, as EU Regulations and laws change, English law will not change but will create its own laws, thereby diverging away from European law. Hence the contents below are accurate as of 2021 but are liable to material change over the next few years.
The US fashion industry is comprised of a chain of highly valued fashion designers, manufacturers, suppliers/vendors, marketers and retailers, producing a wealth of high-end, moderate and basic products sold around the world. While the industry has traditionally been based on seasons and trends, recent advances in technology has helped propel the industry to new creative fetes, making lawyers who can keep up, not only with changing trends, but constantly changing innovation, essential. The concept of fashion law in the US is not always straightforward or easy to protect: it requires creativity and incorporates various legal disciplines, including intellectual property, advertising and marketing, contract, corporate, commercial sales, real estate, employment and international trade and customs laws. A true expert in fashion law will have a deep understanding of the industry and these concepts, but more importantly must come prepared with novel and innovative ideas for protection.
The textile and garment industry is a vital part of Vietnam’s economy, and the country has emerged as one of the top textile producers and apparel exporters in the world. Although the industry had been hit hard by the COVID-19 pandemic, government policy support and effective tools to protect IP rights in the fashion space are reasons for investors to be optimistic about the industry’s post-pandemic future in Vietnam.
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