Креативные индустрии на примере рынка моды

Труды по интеллектуальной собственности. 2025. Т. 55. № 4. С. 58–67.

Sinelnikova V., Плешкова М. Д.

The adoption of Federal Law No. 330-FZ of August 8, 2024 “On the Development of Creative (Artistic) Industries in the Russian Federation” marked the culmination of a decade of sustained attention by Russia to creative technologies within the market economy. The Law is aimed at creating conditions for the self-realization of citizens through the use of their creative and intellectual potential and at increasing employment in the sphere of creative (artistic) industries. The new Law integrates various areas of public relations, including economics, intellectual property, ethics, and law, and establishes a legal framework for the industrial application of the results of intellectual activity in civil circulation. It also seeks to enhance the contribution

of the creative economy to the country’s GDP through the production of high value-added goods and services.

When analyzing this Law and assessing the prospects for its implementation in the fashion industry, the authors recommend clarifying certain terms used in the Law. In particular:

• in the definition of a creative (artistic) industry, the criterion of uniqueness required of a creative product

should be replaced with the wording “created through the author’s creative labor” (sub-paragraph 1, Article 3 of Law No. 330-FZ);

• the definition of a subject of the creative industry should be clarified and supplemented by expressly indicating the right to carry out entrepreneurial or other income-generating activities (sub-paragraph 3, Article 3 of Law No. 330-FZ);
• the definition of a subject of the creative industry should be further expanded by incorporating the positive experience of the Republic of Korea, introduce in Russia a simplified procedure for the registration of intellectual property objects related to the fashion industry. It is proposed that such protection should take effect from the date of filing the application, provided that a three-month opposition period is granted.

 

Keywords: авторское право, товарный знак, copyright, исключительное право, креативные индустрии, индустрия моды, промышленный образец, exclusive right, creative, industries fashion, industry industrial design, trademark