Fashion law in France forms a unique legal architecture designed to protect and promote the excellence of French craftsmanship. In a global market driven by creativity and innovation, understanding the legal rules governing manufacturing, distribution, and intellectual property is essential for fashion and luxury brands. This legal corpus enables France to maintain a leading role in both innovation and protection.
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A robust legal framework for manufacturing and supply
Applicable regulations
In France, the manufacturing of fashion products is primarily governed by general contract law, as set forth in Articles 1101 et seq. of the French Civil Code. However, this framework is complemented by sector-specific rules, particularly regarding:
- Use of specific materials: Legislation regulates the use of fur, exotic leather, and diamonds in accordance with international conventions such as CITES.
- Product origin: The “Made in France” label is subject to strict criteria. To lawfully use this indication, the product must be mainly manufactured and assembled in France. The DGCCRF ensures compliance with these rules, and French Customs carries out additional checks.
In addition, Haute Couture, the emblem of French luxury, is governed by legal standards. The term is reserved for fashion houses accredited by the Chambre Syndicale de la Haute Couture, which must, among other things, operate at least one workshop in Paris employing a minimum of 20 skilled seamstresses, produce made-to-measure garments, and present a collection of at least 25 original models each season.
Contracts used throughout the value chain
Relationships between brands, manufacturers, subcontractors, and suppliers are formalised through detailed commercial contracts. The most common include :
- Manufacturing or assembly agreements: Define production methods, quality standards, timelines, and liabilities.
- Subcontracting agreements: Specify the subcontractor’s obligations, particularly regarding confidentiality and intellectual property compliance.
- Supply or purchase contracts: Include commitments on volumes, specifications, and conformity.
Each contract should contain clear provisions regarding deadlines, responsibilities, dispute resolution mechanisms, penalties for defects, and ownership of intellectual property rights over the creations.
Distribution models and commercial agency agreements
Selective, exclusive or open: Common structures
Distribution systems in France are governed by both French Commercial Law and EU regulations, particularly Regulation (EU) 2022/720 on vertical agreements. This regulation provides certain exemptions from the general prohibition of anti-competitive agreements, particularly for selective distribution, which is widely used in the luxury sector.
The most common models include:
- Selective distribution: The supplier appoints resellers based on objective quality criteria to maintain the brand’s image.
- Exclusive distribution: A single distributor is designated for a specific geographic area and benefits from exclusive rights.
- Open (non-exclusive) distribution: Each party retains significant contractual freedom.
Specific rules governing commercial agents
The status of commercial agents is strictly governed by Articles L134-1 et seq. of the French Commercial Code. A commercial agent is an independent intermediary who negotiates and, in some cases, concludes contracts on behalf of the principal.
This status includes protective legal measures, such as:
- Mandatory notice period before termination
- Compensatory indemnity in the event of termination (except in case of gross misconduct)
- Registration requirement with the relevant commercial court
Imports, exports and sensitive materials
Fashion goods are subject to European Union customs rules. Customs duties generally range around 12% for garments and accessories imported from outside the EU.
France also implements key international frameworks, such as:
- CITES, which regulates trade in materials derived from protected species (e.g. alligator or python leather)
- The Kimberley Process, which governs the ethical trade of diamonds
Additionally, EU economic sanctions restrict certain exports, notably of luxury goods to Russia and Belarus.
Intellectual property: At the core of brand value
Legal protection of creations is vital in the fashion sector. Several tools are available :
- Trademark law : Protects the brand name, logo, slogans, and distinctive visual elements.
- Design rights : Registered with the INPI or EUIPO, protect the appearance and aesthetic features of products.
- Copyright : Automatically protects original designs (cuts, patterns), without requiring registration.
A well-designed intellectual property strategy involves a combination of trademark registration, design filings, and active monitoring across distribution channels.
Conclusion
Fashion law in France offers companies a rigorous and protective legal foundation, both to secure their production chains and to safeguard the commercial and artistic value of their creations.
To remain competitive and legitimate, brands must integrate appropriate legal tools at each stage of their development, from product design to distribution, ensuring full legal protection of their business model and brand identity.
Dreyfus Law Firm offers tailored brand protection strategies rooted in IP law, with a proactive and international scope.
Dreyfus Law Firm is in partnership with a global network of Intellectual Property law specialists.
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