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

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

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

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

Authors: Sérvulo & Associados—Inês de Sá; Margarida Costa Gomes; Ana Rita Paínho

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

The luxury fashion market in Portugal has experienced a huge growth and increase of branding presence in the past 10 years, after around 20 years of dark times.

During the 1990s and 2000s, Portugal struggled against a major-scale counterfeiting of goods, especially in the luxury apparel industry. The north of the country was, in fact, on the frontline of combat with a huge amount of family manufacturing businesses that worked in basements and small manufacturing units and had produced millions of counterfeit apparels from reputed brands.

The uncontrolled phenomenon led to a ripple effect down to the businesses of the industrial north: companies within the fashion industry. This had a major impact on the overall business and retention of contracts for manufacturing of luxury branded products.

Moreover, the impact of sales within these frontiers was very small as only a small percentage of the population has access to luxury fashion goods and the market was too small for representative investments.

However, in the past 10 years, the

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