Fashion Law

Navigating Fashion Regulatory framework: Balancing labour, environmental, product/consumer safety and intellectual property laws

Precious Ekanem
| August 29th, 2024

The fashion industry is a creative, innovative ant self-expressive global market, which naturally sees as trends emerge, evolve and repeat.

In recent times, we could see how the industry has transformed from exclusive haute couture to mass-produced ready-to-wear,and fast fashion, also recycling of textiles and materials. Recent trends, especially in Nigeria, include: loose-fitting, comfortable garments with African prints, mostly referred to as bubu gowns, statement headgears, which includes fascinators, turbans and gele, beaded accessories like the coral beads, cowries anf traditional hats, the adore and tie -dye which is sewn in any design, putting on of sneakers and sandals as a comfortable footwear which can be worn for one’s daily work, flowy, feminine dresses and tops with lace and ruffles.

Fashion industry regulations are laws and guidelines that govern the design, production, distribution, and marketing of fashion products to ensure fair labor practices, environmental sustainability, product safety, intellectual property protection, and consumer protection.

Regulations in the fashion industry are very important, as they seek to ensure fair labour practices, intellectual property promotion, environmental sustainability, consumer safety, promotion of transparency and accountability, seeking to promote fair competition. The fashion industry is subject to regulations on environment, labour, consumer safety and trade which impacts its operations from and practices.

 

 

LABOUR REGULATIONS

The industry is built with a wide framework of labour laws that ensure fair compensation and benefits, guarantees safe and healthy working environments, robust protections against harassment, discrimination and partiality, strict prohibition on forced labor or even child labour, adherence to working hours, and if there would be a  case of overtime work, compensations should be given, strict brand and manufacturer adherence to ethical labour standards and practices to prevent many things especially loss of consumer trust and legal repercussions.

 

ENVIRONMENTAL REGULATIONS.

The fashion industry like every other industry is subject to environmental regulations. The use of eco-friendly initiatives, such as making use of plant-based materials and implementing/executing waste-reducing design strategies are becoming more seen than usual.

In Nigeria, brands like Lisa Folawiyo Studio, is a brand that uses locally sources textiles and employs favourable and fair labour practices.

Another great example is NKWO, a brand that emphasizes on the conservation of natural resources and waste reduction by combining modern styles with environmental consciousness and social responsibility.

Other frameworks, including the EU’s Eco-Design Directive and the UN’s Environment Programme, mandate reductions in carbon emission and waste generation. Also the EY’S REACH (Registration, Evaluation, Authorization and Restriction of Chemicals) a European Union law that regulates the use of chemicals in products, including textiles and clothes. Punishments to be meted out to offenders.

PRODUCT SAFETY REGULATIONS

Product safety regulations ensure consumer well-being through transparent labeling, responsible chemical use, and rigorous testing. Initiatives like H&M's Conscious Collection and Patagonia's Environmental Responsibility Program drive sustainable practices, innovation, and responsible business. Compliance builds brand trust, informs consumers, and protects them from harm, shaping a more responsible fashion industry.

 

INTELLECTUAL PROPERTY PROTECTIONS

The fashion industry’s creative output is safeguarded by intellectual property rights, which shield designers’ and brands’ innovative work. The Copyright Act (1988) preserves original designs and patterns, while the Trade Marks Act (1965) defends brand identities, logos, and symbols against unauthorized use and counterfeiting. Additionally, the Patents and Designs Act (1970) protects groundbreaking textile manufacturing processes and fashion-related designs.

 

These laws play a vital role in the fashion industry by:

 

- Protecting creative works and innovations

- Safeguarding brand reputation and identity

- Preventing counterfeiting and misrepresentation

- Encouraging innovation and creativity

- Providing legal recourse for IP infringement

 

CONCLUSION

The fashion industry is experiencing a profound regulatory shift, fueled by emerging trends and changing societal values, which necessitates adaptation to new standards that prioritize ethics, environmental sustainability, and consumer welfare, at the intersection of labor laws, environmental regulations, product safety standards, and intellectual property rights.

 


Precious Ekanem
Author

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