ISSUES OF LEGAL SUPPORT FOR THE DEVELOPMENT OF THE FASHION INDUSTRY IN MODERN CONDITIONS

Abstract

The harmonization of Ukrainian legislation is
one of the important prerequisites for Ukraine's
accession to the EU. And intellectual property law
also plays an important role in the process of adapting
Ukrainian legislation to EU law. Despite the rapid
development of this sub-branch of civil law after
Ukraine's independence and the adoption of a number
of regulations aimed at streamlining such relations, it
should be noted that the modern world is developing
so rapidly, being globalized, that it is necessary to
constantly “keep your finger on the pulse”. Those
types of legal relations that involve an intellectual
component are changing particularly rapidly.
Legal relations in the fashion industry are
changing quite dramatically, not only at the
international level, but also in Ukraine, which
requires the creation of an effective mechanism. The
development of the market for designer goods, the
formation of Ukraine's international fashion image
and integration into the global fashion business
necessitates ensuring the legal aspects of the fashion
industry in Ukraine.
The products of creative activity, such as design
solutions in the field of fashion, which are expressed
in goods, may be protected as objects of intellectual
property rights. A design solution embodied in a
particular product may be protected by one or more
intellectual property institutions.
Design solutions in the field of fashion are not
directly defined in the legislation, but their properties
are reflected in the characteristics of various
intellectual property rights. This article provides
examples of which design solutions in the fashion
sector correspond to which intellectual property
rights.
The author identifies the main challenges and
negative factors affecting the development and
distribution of the fashion industry. The author also
analyzes in detail certain court cases in the fashion
industry. A comparative legal analysis of Ukrainian
legislation, European regulations in the field of
protection of the rights of fashion market participants,
as well as of certain countries of the world, such as the
USA and India, is carried out.
It is determined that the emergence and
prospects for the development of the fashion market in
Ukraine demonstrate a similar process of need for a
new branch of law - fashion law. The author
substantiates the importance of the declaration of
fashion law as a comprehensive branch of law.
Special attention is also paid to such a global problem in the fashion industry as cultural appropriation.

Keywords: fashion, fashion industry, legal regulation mechanism, intellectual property law, copyright, fashion law.