Master en Fashion Law

El programa se divide en 8 bloques temáticos, cada uno con un peso específico en la nota final. Al término de cada módulo, se realiza una prueba de evaluación.

1. An in-house perspective

• Introduction to fashion law
• The role of the in-house lawyer in a fashion house.
• Negotiating and drafting contracts in the fashion industry
• Relationship between in-house counsel and external advisor: the need of an expert in the field of fashion law
• Marketing in the field of fashion: a legal perspective
• How to start a business in the fashion industry.
• Sectorial expertise: luxury, sportive goods, bridal fashion, etc.

2. Cosmetics

• General Regulatory Framework for Cosmetics
• From Concept to Market: The Roadmap for Cosmetic Products (Legal and Contractual Lifecycle of a Cosmetic Product)
• Selective Distribution Systems in the Cosmetics Industry
• Self-Regulation and Industry Codes of Conduct
• Claims, Advertising, and Digital Marketing in Cosmetics
• Misleading advertising issues
• Intellectual Property and Brand Protection
• Sustainability, Environmental Compliance, and CSR

3. Corporate law

M&A; Financing and Investment Contracts in fashion

• Bank financing
• Direct funding
• Venture capital
• The strategic investor
  • EXIT and CRISIS
    • a) The exit of the founder/investor
      1. The value of the company
      2. The investor and his exit
      3. The founder and his continuity
      4. Sale to a third party
    • b) Company crisis
      1. Asset protection
      2. Reputation protection
      3. Continuity
      4. The sale of the production unit
      5. Winding-up
  • Contractual Law at FL
    • 1. Advertising, marketing and sponsorship contracts in fashion
      2. Influencers and the relationship with influencers;
      3. Outsourcing

• International contracts in the field of fashion
• Distribution strategies and structures: agency contracts; distribution; franchising; selective distribution; retail and own shops
• Real Estate in fashion
• Competition Law at fashion
• Compliance and Corporate Social Responsibility at fashion
• TAX at fashion
• Litigation in fashion

4. Intellectual Property

• General introduction to IP
• Trademarks I: scope and obtention of trademark rights. The path from choosing a sign to obtaining registration
• Trademarks II: building the portfolio, trademark maintenance, use of the trademark
• Trademarks III: attack and defence strategy
• Patents and utility models I
• Patents and utility models II
• Trade Secrets: from inception to marketing. Protecting your pipeline. Patents v. Trade Secrets.
• Patents, utility models and trade secrets attack and defence strategies.
• Generation of copyright, types of works, rights covered by intellectual property.
• Work for hire, employment agreements, collective works. Designers as creators. The importance correct assignment of rights.
• Copyright and fashion. Copyright v. design or copyright and design?
• Designs I: scope obtention, maintenance. Registered v. non registered designs, strategic choices.
• Designs II: attack and defence strategies.
• Fakes, forgeries, counterfeits and dupes with a special reference to “equivalent perfumes”: the legal and case law framework.
• Fakes, forgeries, counterfeits and dupes: how to fight them. The counterfeit regulation.
• Recycling, Upcycling, Repairing and second hand sales: when “sustainability” clashes with IP.
• Enlarging the scope of IP rights and sui generis rights which impact fashion I: collective trademarks, certification trademarks, GI for artisanal and industrial products.
• Enlarging the scope of IP rights and sui generis rights which impact fashion II: inspiration v. cultural misappropriation. Traditional Knowledge, Traditional Cultural Expressions a clash between public domain and new sui generis IP rights? Italian Codice dei beni culturali e del paesaggio and the Marchio Storico
• Joining forces: design + trademark + image. What IP rights have to contemplated in collaborative agreements? E.g. Louis Vuitton and Yayoi Kusama, Crocs and Balenciaga, Pharrel Williams and Adidas.
• Exploiting IP rights by fashion houses: licensing, assignment, transformation rights, etc.
• Licensing a well know trademark: Barcelona FC
• Practical cases on accumulation of IP protection
• Fashion in cinema and TV: film and tv costume designs, product placement, collaboration between TV companies and fashion houses.
• IP and fashion in the Metaverse
• AI and fashion: AI creativity, ownership of AI generated designs, from “Edmond de Belamy” to “A recent Entrance to paradise” to China’s Internet Court ruling. Generative designs, Balenciaga Neural (Robbie Barrat). Can AI infringe IP rights?
• AI tools for the fashion industry: Algorythm Couture and the reduction of waste, A-POC Able Issaye Miyake; Augmented and virtual reality retail experiences (in-store navigation, virtual apparel trials, product demonstrations…), conversational AI, Virtual Assistants, fashion chatbots etc.
• Practical case/s

5. Digital law

• Transforming fashion retail in the Digital Age: an overview of EU digital regulations
• E-commerce and consumer protection in digital sales
• Platform economy: the impact of the Digital Services Act and the Digital Markets Act on the fashion industry
• Artificial Intelligence and data regulations
• Data protection and cybersecurity
• E-Privacy: advertising based on cookies and email marketing obligations
• Legal approaches to online advertising, influencers, and social media
• Customer engagement: legal considerations for profiling and loyalty programs

6. Criminal law

• Introduction to criminal law in the fashion industry
• Fashion industry companies as potential victims of criminal offences
• Fashion industry companies as potential perpetrators of criminal offences
• Criminal proceedings in Spain as disputes forum to pursue misconduct and seek damages
• General framework for corporate criminal liability in Spain and impact of corporate criminal compliance programs
• Third-party compliance due diligence obligations in supply chains
• Case study

7. ESG

• Introduction to ESG: concept, principles and main due diligence standards.
• ESG criteria in corporate governance: compliance and corporate risk.
• Equality, diversity, health and safety and human rights.
• Project finance and sustainable financing.
• Waste obligations. The extended producer responsibility regime.
• Product design and labelling.

8. Labour and employment law

• Most common employment contracts in the fashion industry.
• Collective bargaining agreements (commerce and industry).
• Remuneration schemes.
• Working time. Work-life balance.
• Flexible measures before restructuring a company.
• Contract termination. Disciplinary and redundancy.
• Labor Harassment. Internal Investigations.
• Preparing a court hearing with HR. Moot court.
• Diversity, Equity, and Inclusion.
• International Mobility.