Fashion law. Concept and beginnings in European Union and Romania

• Author: Diana Flavia Barbur
• Position: Lawyer at the Cluj Bar, Romania, flavia.barbur@budusan.com.
• Pages: 6-19

Studies and comments

Fashion law. Concept and beginnings in European Union and Romania

Lawyer Diana Flavia BARBUR1

Abstract

The present study a ims to present the right of fashion as a distinct br anch of law.

The idea I started from was that law of fashion is a complex br anch of law that brings

together issues related to intellectual property, commerce, advertising, competition, la bour

relations, customs, a dvertising a nd modelling. I appreciate tha t this new branch of la w will

become more a nd more visible and will include those legal rules that, although belonging

to other branches of la w, distinct and self-governing, ha ve come to be closely linked to the

field of fashion, a nd fashion-inspired lega l norms devoted exclusively to this field in order

to help develop this industry, protect those who play the role of mar ket players in the

fashion mar ket, o r regulate certain new situa tions ar ising from the na tural evolution of a

such domain.

Keywords: fashion law, intellectual pro perty, trade, advertising, modelling, fashion

industry.

JEL Classification: K22, K23, K29

1. Introduction

The notion of fashion law is extremely new in our country, so the subject

has not been touched until now, only, at most, tangentially. However, we can not

ignore the fact that it is beginning to impose itself as a branch of law in other

countries, including at the level of the European Union, subject to more detailed

analyses and studies, both in the curricula of universities and among theoreticians

and practitioners in the field of law.

My goal in this article was to identify, first of all, his genesis, then to make

a brief analysis of straightforward rules of law. Towards the end of the article I

referred to some special rules applicable only to this new branch of law.

2. Fashion Law

2.1 General Aspects. Historic. Appearance

The fashion industry has been generating considerable revenue for many

years not only in EU Member States, but also in countries outside the EU, such as

the United States of America, Russia or China. So it was only a matter of time until

such an important field as fashion is to be regulated by some specific rules.

A first express mention of fashion law as a distinct domain was made in a

1 Diana Flavia Barbur – lawyer at the Cluj Bar, Romania, flavia.barbur@budusan.com.