Luxury and fashion—Germany—Q&A guide [Archived, 2020 edition]

The following IP practice note provides comprehensive and up to date legal information covering:

  • Luxury and fashion—Germany—Q&A guide [Archived, 2020 edition]
  • 1. What is the current state of the luxury fashion market in your jurisdiction?
  • 2. What legal framework governs the development, manufacture and supply chain for fashion goods? What are the usual contractual arrangements for these relationships?
  • 3. What legal framework governs distribution and agency agreements for fashion goods?
  • 4. What are the most commonly used distribution and agency structures for fashion goods, and what contractual terms and provisions usually apply?
  • 5. Do any special import and export rules and restrictions apply to fashion goods?
  • 6. What are the requirements and disclosure obligations in relation to corporate social responsibility and sustainability for fashion and luxury brands in your jurisdiction? What due diligence in this regard is advised or required?
  • 7. What occupational health and safety laws should fashion companies be aware of across their supply chains?
  • 8. What legal framework governs the launch of an online fashion marketplace or store?
  • 9. How does e-commerce implicate retailers’ sourcing and distribution arrangements (or other contractual arrangements) in your jurisdiction?
  • More...

Luxury and fashion—Germany—Q&A guide [Archived, 2020 edition]

This Practice Note contains a jurisdiction-specific Q&A guide to luxury and fashion in Germany published as part of the Lexology Getting the Deal Through series by Law Business Research (published: January 2021).

Authors: Bird & Bird LLP—Benjamin Karcher; Dr. Henriette Picot; Dr. Jörg Witting; Lea Noemi Mackert; Dr. Niels Lutzhöft; Uwe Lueken

1. What is the current state of the luxury fashion market in your jurisdiction?

The luxury fashion market is quite relevant in Germany. Being one of the strongest economies in Europe, it is also an important market for luxury brands. In addition to the strong international brands like Gucci, Prada etc, you see a tendency to more individual products. You do not find them on the main street or in the luxury districts but more in the ‘hipper’ or indie parts of town. Trends are clearly hand-crafted and green, eco or sustainable products, etc.

Of course, there is the online versus bricks and mortar shopping situation. Online sales are on the rise and a lot of shops are closing. While this also relates to fashion, it does affect goods like books, electronics etc more heavily. It is worthwhile mentioning that the two biggest German department stores, Kaufhof and Karstadt, have merged in recent years, which is a clear sign of the struggle of bricks and mortar retail. Many retailers (and

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