How to prevent copying and counterfeiting in the fashion market?

In the fashion world, where creativity and visual identity are key competitive advantages, protecting your brand is not just a formality — it’s a strategic necessity.

The first step is to register your trademark with Brazil’s National Institute of Industrial Property (INPI), under Law No. 9,279/96 (Brazilian Industrial Property Law). This registration grants the owner exclusive nationwide rights of use, serving as the legal foundation to act against unauthorized reproductions or imitations of distinctive brand elements such as logos, names, or symbols.

Beyond trademarks, product designs, prints, and garment models can be protected through Industrial Design registration (Articles 94–121 of the LPI), as long as they display novelty and originality. This protection is crucial to prevent visual copies, especially for footwear, handbags, jewelry, and accessories.

Another essential layer of protection is contractual strategy. A fashion law attorney assists in drafting non-disclosure agreements (NDAs), brand licensing contracts, and production or distribution agreements, minimizing the risk of third-party infringement.

In cases of counterfeiting or unauthorized reproduction, the brand owner may file civil and criminal actions, based on Articles 189 and 190 of the LPI, seeking compensation for damages and the seizure and destruction of counterfeit goods.

In today’s globalized and digital marketplace, Fashion Law legal counsel acts not only reactively but also strategically and preventively, supporting brand growth, international expansion, and the protection of creative identity.

In short: legal protection ensures that the value of your creation remains entirely yours.