Fashion law and art law: lawyers specializing in fashion law and art law

Fashion law regulates the legal issues relating to the design, production, distribution and marketing of fashion products and luxury goods . It covers the management of every legal aspect of work related to clothing, accessories and articles qualified by a peculiar evocative and suggestive capacity.

The main feature of this specialization is its transversality. The fashion lawyer requires skills that extend to:

• to pure contracts,
• to intellectual property law,
• to unfair competition,
• financial, commercial and corporate law,
• to ordinary and extraordinary transactions.

The professionals of de Tilla Studio Legale have developed a multidisciplinary competence in this area. This allows them to assist, even in networks, individual designers and operators in the sector, in business and disputes. This is possible in both out-of-court and judicial areas, including disputes concerning the interpretation, execution and non-fulfillment of atypical trademark license agreements.

Legal advice in judicial matters: what the fashion lawyer does

In this context, the main criticalities that may require professional assistance concern:

• to conflicts between licensors and licensees,
• failure to comply with contractual provisions on the use of the trademark, on the transfer and protection of know-how,
• violation of the types of licensed products,
• failure to comply with the quality criteria of the products,
• the violation of royalties regulations,
• failure to comply with advertising costs and their distribution,
• the violation of the provisions on selective distribution,
• to the protection from counterfeiting, unfair competition and the proliferation of parallel markets.

Fashion has always played a leading role in the Italian economy and currently represents one of the most important items of GDP. In the world of fashion, everything that is luxury can be the subject of interest, discussion and scrutiny. The legal assistance of our fashion lawyers is essential in the protection of designs, models and brands and represents an important advantage over the competition. We provide highly specialized consultancy in the field of fashion law. This is possible thanks to our in-depth knowledge of intellectual property legislation, customs law, the fight against counterfeiting and commercial law contracts.

Fashion law, our specific skills

We have experience in the study and application of complementary disciplines to the fashion supply chain such as marketing and sociology of consumption. We know in depth the tools to protect against counterfeiting and piracy affecting the sector. These, like the laws in force on intellectual property, vary according to the country in which you want to operate. The assistance of a specialized lawyer can make the difference in the success of a company, a project or in the development and implementation phase of a winning idea.

The law of art, due to its peculiar nature, intersects with other branches of law. Examples are industrial law, intellectual property law and tax and commercial law. Furthermore, in the event that a crime is committed, it also crosses with criminal law. The task of the lawyer in art law is to favor the enjoyment of an art in particular and to legally manage all the legal relationships and prevailing interests inherent to it.

What does an art law lawyer do

Since the artistic and cultural heritage is of great importance for the evolution of the civil status, its specific protection has been recognized. Each professional of the firm specializing in this legal discipline assists clients such as artists, gallery owners, auction houses and collectors, in particular in the field of:

• donations,
• successor bequests,
• trading,
• deposit,
• transport,
• notification of works of art,
• obtaining free circulation certificates.

In addition, an art lawyer takes care of the management of conflicts concerning the protection of copyright and the fight against counterfeits. She deals with disputes between co-heirs and beneficiaries of successor bequests as well as those between collectors and archives and artist foundations on the authentication of works.

Interest in the work of art

As for the interests in the work of art, the general principles of administrative law establish that a balance is implemented between different conflicting legal interests. This conciliation must have the aim of establishing which interest is most worthy of protection. This happens especially when a work of art has to clash with commercial-corporate law or private law institutes. In this case, the art lawyer’s task is to determine which public or subjective interest is to be considered prevalent over the other.

De Tilla’s consultants in art and culture law have specific skills in:

• contracts for the sale, storage, transport and insurance coverage of works of art;
• donations of works of art;
• activities aimed at protecting corporate collections;
• sponsorship contracts;
• contracts relating to the preparation of events and exhibitions;
• contracts for the regulation of the sale of works of art;
• contracts for the regulation of relations between artists and collectors.

We propose concrete solutions to the problems that typically arise when buying, selling, intending to export or import a work of art. We are able to offer a global service for a global market and assist customers in the management of important art collections . Among our clients in this sector are foundations, archives and trusts.