Fashion Law

Industrial Property allows protection and defense to add value for creations in the fashion field.

Types of Protection

  1. INDUSTRIAL DESIGN

Strategic use of industrial designs allows protecting and defending fashion creations and innovations against a copy and an unauthorized use. Likewise, it is possible to prevent a person or company from appropriating others creation by applying for its registration in an opportune moment.

Given the dynamic nature of fashion to effectively protect new fashion designs (clothing and accessories), it should be advisable to apply for the new design in plans, that is to say, when it is designed at the virtual level or in the mold, before having been made in the mannequin or presented in an exhibition or fashion show to make it totally new and meet the requirement of our law.  In fact, Article 115 of Decision 486 states that “Industrial designs that are new shall be registrable.  An industrial design shall not be considered new if, before the filing date or validly claimed priority date, it has been made accessible to the public in any place or at any time, by description, use, commercialization or any other means.  An industrial design shall not be new by virtue of the mere fact that it embodies secondary differences in relation to earlier creations, or that it refers to a category of products different from that to which the said creations belong”.

The registration of the industrial design will allow the creator or its owner the protection and defense against the copy and the unauthorized use of a third party, and there would be the possibility of opportunely avoiding damage for the designer and/or owner, and also that the original design is copied or registered by a person other than de designer or by a firm that is not the owner.

Nowadays, Peru protects diverse designs of fashion fabrics, shoes, handbags, such as:

 

 

AVINTIV SPECIALTY MATERIALS INC., has obtained the protection since 24/03/2017 of this design.

 

Ornamentation Applicable to Textiles

Registration N° 3989  (2014)        Registration  N° 3990 (2014)

Owner: Inversiones y Decoraciones Stephanny.

 YAOHONG TU (Peru) has obtained the protection since 2014 of the design (Title N° 4158).

DIADORA SPORT S.R.L. (Italy) has obtained the protection since 2015 of the design  (Title N° 4494).

 

RIMOWA GMBH (Germany) has obtained the protection since 2013 of the design  (Title N° 3614).

 

  1. TRADEMARKS

Fashion designs can be registered as trademarks to obtain protection and defense against counterfeits and unauthorized uses.  Registering these designs as trademarks grants the holders the exclusive use by empowering them to carry out actions against infringers.  To grant a registration, our legislation, requires that the mark is sufficiently distinctive, which means that it must distinguish one type of product or service without being confused with the product or services this mark distinguishes, and it must be different from other marks in its field.

Nowadays, Peru protects as trademarks some fashion designs such as:

Article 134 of Decision 486.- For purposes of this system, any sign that is capable of distinguishing goods and services on the market shall constitute a trademark. Signs that are capable of graphic representation shall be eligible for registration as trademarks. The nature of the goods or services to which a trademark is to be applied shall in no case form an obstacle to the registration of the trademark.

 

The design of a blouse  protected since 2008 by the holder SAGA FALABELLA S.A., under Certificate N° 152200, in class 25 (clothing, footwear and headgear).

The following design     owned by José Manuel Herrar Castillo (Peru) is protected since 2011, under Certificate N° 180304 in class 25 (clothing).

GIANNI VERSACE S.P.A. has protected the medusa design   since June 27, 2001 under Certificates: N° 21422 in class 18 and 21423 in class 25.

LOUIS VUITTON has protected its flower design    since January 25, 2006 under Certificates N° 101207 in class 18 and N° 101209 in class 25.

Industrial designs and trademarks are elements of industrial property that allow the protection of creators, designers and owners in the Fashion Industry within Fashion Law.

COACH, INC. has protected its design   since 2012 under Certificate N° 5267 in class 18 (design used in handbags)  .

 

These tools (Industrial designs and Trademarks), in addition to the copyright, provide protection to the creators, designers and owners in the fashion industry within the Fashion Law who, depending on the product, should file the corresponding application for registration in order to be protected against any unauthorized use by third parties .

 

ESTUDIO COLMENARES & ASOCIADOS


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