Fashion Law

From music and film to fashion and digital content, Nigeria’s creative sectors are thriving on a global scale. 

Olusola Tunmise-Ajani explores how strengthening legal frameworks and enhancing awareness of intellectual property rights can empower Nigerian creatives to protect, structure, and monetise their creative works.

The global luxury market is expanding, and Africa is increasingly becoming a key area of interest for high-end brands. The continent’s growing middle class, economic diversification, and burgeoning urban centers present significant opportunities for luxury brands to establish a presence. However, the protection of these brands requires robust IP strategies, particularly in markets where counterfeit goods and weak enforcement mechanisms remain prevalent.

The scope of the challenge

Each year, on August 13, Tunisia observes National Women's Day, a significant occasion marking the anniversary of the 1956 promulgation of the Code of Personal Status. This landmark legal framework was pivotal in granting Tunisian women rights and freedoms that were unparalleled in the Arab world, setting a precedent for gender equality and women's rights.

The iconic plastic sandal, known as ‘medusa’, or by various other names such as ‘skeleton’, 'jelly', and ‘lêkê’ in different regions, with flexible structures and affordable prices, continues to delight customers globally, showcasing their enduring popularity after 75 years in the market.

Trademarks are signs that identify the commercial origin of certain goods and services and distinguish them from those of other companies. However, while this simple sentence explains their intended function, identifying a trademark isn't as straightforward.

Words and symbols are the first types of trademarks that we can imagine. However, this is only the tip of the iceberg. Trademarks can be found in colours, sounds, shapes and even patterns. This is not an exhaustive exemplification.

Mainly, a trademark must be distinctive.

Can innovations based on traditional knowledge be protected, even if not by conventional intellectual property (IP) systems?

Marisol Cardoso explores the measures taken by numerous African nations to protect this knowledge. These measures encompass various dimensions, including the establishment of relevant legislation, the formulation of specific policies, and ongoing collaboration between indigenous communities and the relevant government authorities.

To understand how trade dresses are being safeguarded in Europe, we need to answer the question, what is “trade dress”?

We can define trade dress as a set of characteristics – not only visual, but also sensorial – that allow a consumer to distinguish a particular product or service from the others that coexist in the market. These characteristics can include the way some products are displayed in a store, furniture patterns, ambient music, a smell and so on. Also, a particular packing or product shape can be understood as a trade dress.