A legal analysis of intellectual property rights that protect creations in the fashion industry; [Uma análise jurídica das figuras de propriedade intelectual que protegem as criações no setor da moda]

Velasquez R.I.G.; Vásquez M.O.A.; Chicoma R.M.D.C.S. · Revista Iberoamericana de la Propiedad Intelectual (2026) · DOI: 10.26422/ripi.2026.2400.gon

Resumen

Fashion, despite its ephemeral nature, can be subject to legal protection, as it embodies the creative expression of the individual and constitutes an intangible asset protected by intellectual property laws against the copying or misappropriation of a designer’s creations. The overall objective of this research was to analyze, from a qualitative, doctrinal, and regulatory perspective, the two main legal concepts of intellectual property that provide protection for creations in this sector: copyright and industrial design. To this end, the study first explains the implications of intellectual property in fashion; next, given that many studies classify creations in this sector as works of applied art, it explains the scope of this category in the legal protection of designs in this industry from a doctrinal perspective, and compares both legal concepts to highlight the regulatory gaps that hinder the guarantee of effective protection in the fashion sector; finally, it examines the main legal challenges involved in protecting designs in this sector. Based on the foregoing, it can be concluded that designs or creations in the fashion industry can be protected by copyright, but for business strategy purposes, they can also be protected by industrial design; therefore, it is necessary to assess the need to strengthen the intellectual property regulatory framework and adopt measures that ensure more efficient and accessible protection for creations in the fashion industry. © (2026), (Austral University). All rights reserved.

Instituciones: Universidad Tecnológica del Perú