Fashionably protected: Fashion law in the UAE
Dubai is back and fashion is back: insights into the legalities of the industry
Fashion is back in Dubai and all the talented designers are blooming. And we’re not talking only about abayas, hijabs and kaftans or only about big European brands. Fashion in Dubai now goes beyond that, attracting both haute couture and prêt-à-porter.
Haute couture and retail brands are increasingly being sold online however most ladies still want to touch and try the outfits. It’s a matter of feeling the fabric - when we talk about silk, cashmere, jacquard, wool or lace, they have to meet the certain demands.
Our law firm is well known and our team has some of the pioneers in the industry for trademark registration. We have worked with some of the biggest European, American and Asian brands in UAE. If you are a member of fashion industry it is vitally important to understand the different types of intellectual property protection in order to protect your business and this is what makes the difference sometimes between success and failure.
Before registration of the trademark we need to run a comprehensive search that covers all federal trademark registrations, business names, domain names, social media accounts and websites - to define if there is someone already in the market using a similar mark or who could raise their rights against you.
Infringement is a breach and a violation and it can be one many types such as trademark infringement, a patent infringement or a copyright infringement. Another company can profit from your trademark without approval, using the logo or trademark of your business and you have the right to sue and request compensation for your losses from the other party.
The agreements between the designers and the event organisers and the agreements between the designers and retail shops are also very important.
Dubai welcomes many foreign brands from Europe, Asia and the USA to showcase their collections and we can assist with legislation for both franchisees and franchisers relating to the establishment of new franchised brands in the UAE.
Luminita Rizescu is a European lawyer and partner in Al Safar and Partners Advocates and Legal Consultants, providing advice to the fashion sector, corporate commercial, M&A, joint ventures, and is a wills specialist at DIFC.