Is it possible to protect prints? And designs? Understand what the law says about it.

Legal protection of designs in the fashion sector is one of the pillars of Fashion Law, especially when we talk about two central elements for a brand's identity: prints and patterns. Both can be protected under Brazilian law, but each falls under distinct legal regimes—and understanding this difference is essential to avoid conflicts and ensure exclusivity.

Prints are treated as works of art and, therefore, are protected by Copyright Law. Protection arises automatically at the moment of creation, regardless of registration. However, although not mandatory, registration is highly recommended, as it serves as robust evidence in case of legal dispute, especially when it is necessary to demonstrate prior ownership or authorship.

Patterns, in turn, are linked to the industrial property regime. To receive legal protection, they must present novelty and originality that justify registration as an industrial design. This registration not only prevents third parties from reproducing the pattern without authorization, but also strengthens the brand's defense against copies, allowing for effective administrative and judicial measures.

The absence of protection can lead to serious consequences: from the misappropriation of creations by competitors to the difficulty of removing copied products from the market. In a sector as competitive as fashion, where aesthetic and functional innovation is a strategic asset, neglecting these precautions represents a direct risk to the brand's intangible assets.

Therefore, having specialized legal counsel from the initial stages of creative development is essential. Preventive monitoring ensures that each creation is properly evaluated, protected, and registered, avoiding future costs, litigation, and damage to reputation.

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