Fashion is rapidly evolving, embracing new designs, trends, and patterns that demand protection as intellectual property. However, the legal framework needs to keep pace, especially given the profound changes introduced by digitalisation. In this exclusive interview, Bernice Asein, founder of Africa’s first fashion law institute, takes us through her journey and insights on unlocking the full potential of the fashion industry. She speaks with Stephen Onyekwelu. Excerpts:
What inspired your journey into fashion law, and how did your passion for this unique legal niche develop over the years?
My journey into the fashion industry began during my undergraduate years when I was balancing fashion design and selling thrift clothing while studying law. People around me often wondered whether I’d choose law or fashion because the two fields seemed so distant then. That question lingered, but it wasn’t until 2017, when I attended the Fashion Business Series at Lagos Fashion Week, that my path became clear.
It struck me that Africa’s fashion industry needed more than creativity—it needed legal guidance to truly grow. Fashion law was almost unheard of, but I saw the gap, the legal challenges facing designers and entrepreneurs. This realization drove me to combine my legal knowledge with my passion for fashion.
Before founding the Fashion Law Institute, I had already launched Cardinal Counsel, a law firm that catered specifically to startups and creatives. We aimed to give fashion entrepreneurs tailored legal support beyond the traditional. However, through working with them, I saw the greater need for a dedicated institution focusing on fashion law on a larger scale.
That’s when the Fashion Law Institute was born, to offer a holistic approach by merging legal protection with creative business needs. Today, the institute is a resource hub that equips designers and fashion businesses across Africa with the legal tools they need.
As the founder of Africa’s first fashion law institute, what were your key challenges in establishing this groundbreaking initiative, and how did you overcome them?
Starting the Fashion Law Institute was a challenging feat. We spent over two years battling bureaucratic hurdles, including three rejections and two name changes. Some people couldn’t see how fashion and law coexist and insisted we drop the term “law” from our name.
These setbacks were frustrating, but they only reinforced my determination to push forward. In September 2023, after multiple appeals, we finally received formal approval, making us the first of our kind in Africa.
Beyond that, a major challenge was the lack of awareness. Fashion in Nigeria remains largely informal, and many designers don’t see the importance of legal protection. We tackled this by offering pro bono legal services, organising workshops, and building partnerships with fashion schools. Slowly but surely, we’re seeing more understanding and acceptance of the role of law in the industry.
How would you assess the current state of fashion law in Nigeria, especially regarding awareness and its adoption by designers, fashion houses, and creatives?
The awareness of fashion law is growing, but we’re not there yet. Thanks to social media, we’ve seen more public cases of intellectual property (IP) theft, which has helped raise awareness. However, many designers are still unaware of their legal rights and the tools available to protect their work.
Nigeria lacks a dedicated regulatory body for fashion, which makes it harder to enforce these protections.
However, with ongoing education, especially through our institute’s campaigns and workshops, I’m optimistic. The more we educate fashion entrepreneurs, the more we’ll see a legally aware industry in Nigeria.
What specific legal gaps do you think exist in protecting the intellectual property of Nigerian fashion designers, and how can they be bridged?
There are several key gaps. First, there’s no cohesive framework or regulatory body overseeing the fashion industry. The lack of unity means there’s no formal structure to address legal issues.
Secondly, our copyright laws don’t support the fashion industry well. For instance, current laws deny copyright protection for designs intended for mass production, which directly affects fashion designers.
Also, the trademark registration process could be faster and more efficient, causing designers to lose valuable time protecting their brands. Nigeria’s system is still largely manual, and designers often face long delays and poor communication.
On a broader scale, African designers face hurdles in protecting their intellectual property across the continent. While the European Union offers a unified IP system, African countries require designers to register their trademarks in each country separately. Though regional organisations like The African Regional Intellectual Property Organisation (ARIPO) and African Intellectual Property Organisation (OAPI) exist, enforcement remains weak.
To bridge these gaps, we need a collaborative effort involving policymakers, stakeholders, and legal experts to create better regulations and promote awareness of existing protections.
What steps can be taken to help Nigerian fashion designers protect their brand identity and design more effectively on a global scale?
For designers to protect their brands globally, the first step is education. Designers need to understand international trademark laws and the importance of registering their brands in key markets, even if they don’t have a physical presence there. Trademark protection is territorial, and without proper registration in critical markets, their brand could be at risk.
We also encourage designers to use platforms like ARIPO and OAPI for African-wide protection. Technology can help too—there are digital tools that can streamline trademark registration and monitor for IP theft. Collaborating with fashion law experts is crucial. Designers need legal advice that’s tailored to their unique needs.
We’re also pushing for stronger IP laws in Nigeria and advocating for a collective voice within the fashion community to drive these changes. Finally, we hold workshops and create networks where designers can learn from each other and share best practices for protecting their brands globally.
How is your institute working to create more awareness about the importance of legal education among fashion creatives in Nigeria?
At the Fashion Law Institute, we’re deeply focused on education. Our Fashion Legal Clinic provides free legal services to fashion brands across Africa. We’ve helped over 125 designers protect their IP and develop their businesses. Beyond that, we run several initiatives, like the Fashion Law Masterclass and the Fashion Law and Business Conference, which serve as platforms for raising awareness and collaboration.
Our Fashion Law Integration Program (FLIP) brings legal education directly to fashion schools. We’re ensuring that the next generation of designers understands the legal side of their craft from the start. We also host IP Hangout events, where we offer free legal advice to creatives and encourage knowledge-sharing.
Through these efforts, we’ve impacted more than 5,000 creatives across the continent. We believe that by combining our legal expertise with local knowledge of the creative industry, we can offer tailored solutions that truly meet the needs of African fashion entrepreneurs.
What advice would you give to young designers who might not yet understand the importance of legal protection?
My advice to young designers is simple—prioritise legal education early in your career. Understanding the basics of intellectual property, contracts, and business law will save you from future disputes. It allows you to focus on your creativity, knowing that your work is legally protected.
How do you see digitalisation impacting fashion law in Nigeria, and what legal measures need to be put in place to address these issues?
Digitalisation has introduced challenges like online IP theft and data privacy issues. We’re also seeing new trends like virtual and digital fashion, which require updated legal frameworks. Designers need to understand their rights in the digital space, and we’re advocating for laws that reflect these changes.
At our institute, we’re exploring how technology intersects with fashion law. Our last annual conference focused on this topic, and we’re seeing more fashion-tech startups emerging in Africa. This is an exciting time, but it also requires proactive legal measures to protect designers in the evolving digital world.
What do you envision for the future of fashion law in Nigeria, and how do you hope your upcoming conference will contribute to shaping that future?
I see a future where fashion law is fully integrated into the industry, with designers fully aware of their rights. Our upcoming conference, “Innovate, Regulate, Educate,” will focus on how law, regulation, and innovation can shape a sustainable and thriving fashion industry in Africa. We’re also hosting Africa’s first digital fashion exhibition in partnership with Announce Digital Fashion. Attendees will gain practical knowledge and insights to help them thrive in this ever-changing landscape.
Join BusinessDay whatsapp Channel, to stay up to date
Open In Whatsapp
