Інтелектуальна власність та індустрія моди: особливості правового регулювання

Abstract

The article examines the issues of development of legal regulation of intellectual property through the prism of the use of intellectual property in the fashion industry. The author identifies the main body of legal acts regulating the enforcement of intellectual property rights. Attention is paid to the issues of intellectual property rights enforcement in the fashion industry, as well as to the specifics of international legal protection of the rights of fashion industry entities. It is emphasized that harmonization of EU and Ukrainian legislation is a key step towards the regulation of intellectual property rights in the fashion industry. The issue of bringing both Ukrainian fashion industry legislation and intellectual property legislation in line with EU legislation is relevant. The author analyzes the retrospective of the development of legislation and relations in the fashion industry, as well as the system of regulations in the field of intellectual property. The author makes a comparative legal analysis of these areas with due regard for changes in the legislator's position. The protection of intellectual property rights in the industry is undoubtedly related to historical, political, economic, legal, social and cultural factors. Applying a retrospective approach to this issue, it is possible to characterize the history of the formation and development of intellectual property rights protection in the fashion industry. The rather active development of the fashion industry after Ukraine gained independence led to a corresponding change in the legislative field. Relations in the fashion industry developed particularly rapidly after the 2000s. This necessitated the legalization of a number of legal relations. Today, this area is changing dramatically, gaining momentum not only in Ukraine but also in the world as a whole. This situation requires the development of more and more effective mechanisms for the legal regulation of intellectual property in the fashion industry. The current state of the copyright system differs from country to country, but there are certain general principles that are ensured in all countries. In particular, the main feature of copyright in all countries is that copyright arises from the moment of creation of a work and does not depend on the fact of registration of intellectual property rights to a work (in our case, a fashion product) or any other special registration thereof, as well as on the fulfillment of any other formalities. The author identifies the main legal acts that affect 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 and European regulations in the field of protection of the rights of fashion market participants is made. The author also identifies the main challenges and obstacles to the development of the fashion industry in Ukraine.