This article analyzes the panorama of fashion design innovation in Brazil and how orthodox Intellectual Property institutes are used to protect these innovations. A systematic review of fashion law was also carried out to conclude whether existing protection is sufficient or specific regulation is needed. Examples of patent, utility models and industrial design were analyzed in a critical manner in order to conclude if the protection of fashion designs can be carried out through such institutes. Finally, a detailed analysis of the results of a national publicly held company in the field was carried out to assess the relevance of using intellectual property institutes to protect their own designs. It is concluded that patents, industrial designs and utility models are underused, leaving the possibility of protection solely through copyright.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.