Miyuki Ebisawa, an attorney at Mimura Komatsu Law Firm, presents the special feature series 'Fashion Law'. Fashion Law refers to the area of law that deals with legal issues related to the fashion industry and sector. In March this year, the first-ever Japanese "Fashion Law Guidebook" was published.
In formulating the Fashion Law Guidebook, the Ministry of Economy, Trade and Industry initiated the 'Study Group on Fashion Futures – Fashion Law WG'. Ebisawa served as the vice-chair of this group. This second session is a continued discussion with Mayuko Yamamoto, who also participated in the research group as a member and serves as a lecturer at Gunma University's Faculty of Information Science, brought to you as a co-host.
We will discuss how fashion brands and designers should deal with the 'imitation' of highly popular fashion designs on the internet and think about their approach in conjunction with Fashion Law.
Passionate about 'Fashion Law', a branch of law dealing with legal issues in fashion, Ebisawa oversees the legal consultation service for fashion industry professionals 'fashionlaw.tokyo', and the specialized media 'mag by fashionlaw.tokyo'. She is also a part-time lecturer at Bunka Fashion College, a researcher at the Fashion Law Institute Japan, a member of the Ministry of Economy, Trade and Industry's 'Study Group of Fashion Futures', and the vice-chair of the Fashion Law WG. Since 2022, she has served as an external director at Takashimaya Co., Ltd. She has authored numerous articles, interviews, and lectures on Fashion Law.
PROFILE
Mayuko Yamamoto
Faculty of Information Science, Gunma University – Lecturer Uchida & Samejima Law Office – Counsel Attorney (Part-time Lecturer at Bunka Graduate University of Fashion)
Graduated from Chuo University's Faculty of Policy Studies in March 2009. Completed Hokkaido University's Graduate School of Law specializing in legal practice in March 2012. Registered as an attorney in December 2013. Joined Uchida & Samejima Law Office in January 2014 (to present). Part-time lecturer at Bunka Graduate University of Fashion starting April 2018 (to present). Attended Hokkaido University's Graduate School of Law's master's program (dropped out) and doctoral postgraduate program (dropped out), and since April 2019, has been at the Tokyo University Graduate School of Law and Politics, specializing in General Law Policy doctoral program (to present). Since April 2022, she has been in her current position.
Strategically Protecting Fashion Design
EbaisawaDuring the previous discussion, we asked Yamamoto primarily about how to think about 'imitation' in relation to 'Article 2, Paragraph 1, Item 3' of the Unfair Competition Prevention Act (herein referred to as 'Item 3').
Today, we'd like to consider how fashion brands and designers should confront 'imitation'. As Yamamoto noted during the Fashion Law Guidebook session, one important aspect is to know how to 'strategically protect the design'.
Fashion brands and designers may not have been very conscious of defending their brands or designs as assets. For instance, although there are systems like trademark registration to protect brands and design registration to protect designs, which large brands and foreign companies actively pursue, it seems many small to medium enterprises and individual designers are either unaware of these systems, know of them but are not sure if and when they should use them, ultimately finding themselves unprepared.
As previously discussed, Item 3 provides protection within Japan for three years from the day the product is first sold. Surprisingly, many people are unaware of this.
Also, as Yamamoto pointed out during the Fashion Law Guidebook session, during the three years after selling a product, proactive measures such as advertising and promotion can facilitate branding, which later allows for protection under 'Article 2, Paragraph 1, Item 1 and 2' of the Unfair Competition Prevention Act, and eligibility for trademark registration.
I believe that strategically protecting fashion design is essential. What do you think?
YamamotoI think you're absolutely right. The laws concerning fashion design are intricately intertwined, but on the flip side, having even a little knowledge can be a significant advantage.
The "Fashion Law Guidebook" includes such critical points. The methods to protect designs vary depending on the item and the timing. There are cases where, over time, it becomes too late to rectify situations.
I think it would be a good idea to refer to the "Fashion Law Guidebook" and at least create a basic flow of actions you need to take.
There’s also a section on action plans tailored for products you want to protect over a long period or just for a few years, and I think it’s especially important to be aware of such plans.
