Fashion Law 2026 Comparisons

Italy does not have a unified “fashion law” code.

The fashion and luxury industry is governed by a combination of general and sectoral legislation. Key sources include:

• the Italian Civil Code (Codice Civile), which, inter alia, provides the foundational rules on contracts, unfair competition (Articles 2598–2601), and intellectual property rights;
• the Industrial Property Code “CPI” (Codice della Proprietà Industriale, Legislative Decree No 30/2005), which provides the regulatory framework for trade marks, patents, designs and models, and geographical indications;
• the Copyright Act (Law No 633/1941, Legge sul Diritto d’Autore), which protects original creative works including applied art and fashion designs meeting the threshold of “creative character”;
• the Italian Privacy Code (Legislative Decree No 196/2003, as amended by Legislative Decree No 101/2018);
• the Consumer Code (Codice del Consumo, Legislative Decree No 206/2005), which regulates consumer rights, unfair commercial practices, misleading advertising, and product safety; and
• the self-regulatory Self-Regulation Code for Commercial Communication – Codice di Autodisciplina della Comunicazione Commerciale administered by the Institute of Advertising Self-Regulation – Istituto dell’Autodisciplina Pubblicitaria (IAP), a soft-law framework setting standards for truthful and fair advertising.

Additionally, beyond traditional statutory sector‑specific and enforcement rules, the National Chamber for Italian Fashion – Camera Nazionale della Moda Italiana (CNMI) has adopted the “Manifesto for Sustainability in Italian Fashion”. Under this framework, the CNMI issues technical guidelines on chemical management and eco‑toxicological requirements across the supply chain, as well as principles for retail practices and traceability. While these function as voluntary soft-law mechanisms, they operate as essential best‑practice benchmarks for supply‑chain due diligence by brands.

Several governmental and regulatory bodies oversee compliance in the fashion sector in Italy:

• the UIBM (Ufficio Italiano Brevetti e Marchi – Italian Patent and Trademark Office) – trade marks, industrial designs, and patents registrations;
• the AGCM (Autorità Garante della Concorrenza e del Mercato – Competition and Market Authority) – competition, consumer protection, unfair commercial practices;
• the AGCOM (Autorità per le Garanzie nelle Comunicazioni – Communications Regulatory Authority) – audiovisual commercial communications, including influencer-marketing transparency and minors’ protection;
• the IAP (Istituto dell’Autodisciplina Pubblicitaria – Institute of Advertising Self-Regulation) – self-regulatory advertising body;
• the Garante per la Protezione dei Dati Personali, the Italian data protection authority, responsible for enforcing the General Data Protection Regulation (GDPR) and the Italian Privacy Code (Legislative Decree No 196/2003, as amended by Legislative Decree No 101/2018);
• the Ispettorato Nazionale del Lavoro – National Labour Inspectorate – labour compliance in supply chain; and
• the Guardia di Finanza/Agenzia delle Dogane e dei Monopoli – Financial Police/Customs and Monopolies Agency – counterfeiting, customs enforcement.

Italy is affected by several recent and upcoming legal developments at national:

• Law No 206/2023 (the “Made in Italy Law”), which, among other things, established a national fund to support Italian excellence and introduced a new certification mark;
• Legislative Decree No 125/2024, which implemented the Corporate Sustainability Reporting Directive (CSRD, Directive (EU) 2022/2464) into national law;
• Legislative Decree No 30/2026, which officially transposes the EU’s Empowering Consumers for the Green Transition Directive into the Italian Consumer Code; and
• further measures are expected to be adopted to transpose the EU Corporate Sustainability Due Diligence Directive (CSDDD, Directive (EU) 2024/1760);

Cross-border e-commerce in the fashion industry is primarily governed by the EU regulatory framework as implemented in Italy.

• the EU Digital Services Act (DSA, Reg 2022/2065) and Digital Markets Act (DMA) are fully applicable;
• the EU Platform-to-Business Regulation (P2B, Reg 2019/1150) governs fashion brands selling on marketplaces; and
• the Consumer Rights Directive (2011/83/EU), as implemented by the Codice del Consumo, applies to all Business-to-Consumer (B2C) online sales: 14-day withdrawal right, pre-contractual disclosures.

The fashion sector relies on several forms of intellectual property protection under Italian law:

Trade marks: protect distinctive signs identifying the commercial origin of products or services. Both registered and unregistered (de facto) trade marks are recognised, although unregistered marks enjoy more limited protection and require proof of public recognition. Protection may extend beyond word and figurative marks to 3D shapes, colour marks, sound marks, position marks, and pattern marks, such as the Louis Vuitton Toile Monogram.

• Designs/Models: protect the aesthetic appearance of products or parts of products, such as shoe shapes or fabric patterns, provided they satisfy the requirements of novelty and individual character.
• Copyright: under Article 2(10) of Italian Copyright Law No 633/1941, industrial design works are protected if they display both “creative character” and “artistic value.” Artistic value may be proven through museum exhibitions, critical recognition, awards, specialised publications, or market appreciation beyond functional utility.
• Patents: less common in fashion, but available for technical textiles, smart garments, or innovative manufacturing processes that meet patentability requirements.
• Trade secrets and know-how: Articles 98–99 of the Italian Industrial Property Code (Codice della Proprietà Industriale – CPI) protect confidential business information, including manufacturing techniques, supplier networks, fabric formulas, unreleased designs, and client lists. Protection requires secrecy, commercial value, and reasonable confidentiality measures such as non-disclosure agreements (NDAs) and access controls. Unlike other intellectual property (IP) rights, trade-secret protection has no fixed duration but is lost once the information becomes public.
• IP protection is territorial and only applies within the jurisdictions where rights are registered or recognised.

Trade Mark Registration: Procedure and Timeline

• National trade-mark registration: the national Italian trade-mark application can be filed before the UIBM (Ufficio Italiano Brevetti e Marchi). The UIBM conducts an examination restricted to absolute grounds for refusal (eg, distinctiveness, lawfulness, and deceptiveness), but does not carry out an ex officio examination on relative grounds of refusal (such as the existence of prior conflicting trade marks). The registration process typically takes approximately six to eight months if no obstacle arises. Third parties may file an opposition within a strict three-month window period from the publication date. Once the trade mark is registered, protection lasts for ten years from the filing and is renewable indefinitely for ten-year periods;

Design Registration: Procedure and Timeline

• National design registration (with the UIBM): the Italian national design registration process is highly efficient, typically taking only two to four months to secure registration. Registered designs are protected for an initial five-year period and can be renewed every five years up to a maximum of 25 years.

Copyright Protection: Procedure and Timeline

• Unlike trade marks and designs, copyright protection in Italy is entirely automatic and arises immediately upon the creation of the artwork, requiring no mandatory registration, application, or fees, while optional deposits can be made nationally with the SIAE (Società Italiana degli Autori ed Editori – Italian Society of Authors and Publishers) or the Ministry of Culture to provide official, indisputable proof of the creation date and authorship of the artwork. For qualifying industrial designs, this protection is exceptionally long-lasting, remaining valid for the author’s entire lifetime plus 70 years after their death.

Under Italian law, robust protection is indeed available, for both unregistered designs and trade dress through the Italian Civil Code and specific intellectual property provisions.

Fashion shows, photographs, lookbooks, and digital content are primarily protected under Italian Copyright Law (Law No 633/1941).

• Fashion Shows: a fashion show is protected as a choreographic work under Italian Copyright Law (Article 2, No 3, Law 633/1941), provided it has a distinctive creative expression. It is safeguarded against unauthorised recording, broadcasting, or public performance. Additionally, the specific set designs, music playlists, and lighting arrangements can be protected individually as scenic or musical works.
• Photographs and Lookbooks: Italian law distinguishes between two types of photographic works. High-end artistic photography that carries a unique creative touch is protected as a photographic work (opera fotografica) for the author’s lifetime plus 70 years after their death. Conversely, standard documentary or commercial images (such as simple product shots for a lookbook) are protected as simple photographs (fotografie semplici) under connected rights. These do not require a high artistic threshold but offer a shorter protection period of 20 years from the date of production. In practice, lookbooks will generally fall under “simple photographs” and only highly creative shots may qualify as full “photographic works”.
• Digital and Social Media Content: websites, promotional videos, mobile apps, and social media posts are protected as multimodal or collective creative works. The text, graphic layout, software code, and video elements are automatically covered by copyright from the moment of publication online.
• Digital Fashion and non-fungible tokens (NFTs): the emergence of digital fashion (virtual garments, metaverse wearables, NFT-based collectibles) raises novel IP questions. NFTs assets may be protected as:
1. designs, if the visual appearance meets novelty and individual character requirements;
2. copyright works, where the digital creation possesses creative character and artistic value; or
3. trade marks, where brand elements are incorporated. NFT minting does not itself create IP rights – the underlying work must qualify for protection independently. Fashion brands should address digital rights explicitly in licensing agreements and implement smart-contract terms to manage secondary market royalties and usage restrictions.
• User-Generated Content (UGC): when consumers create and share content featuring branded products (hashtag campaigns, styling videos, product reviews), fashion brands must manage IP implications carefully. Key considerations include:
1. securing appropriate licences from users through terms of service or contest rules;
2. ensuring compliance with personality and image rights where users appear in content;
3. implementing content moderation to prevent trade-mark dilution or association with inappropriate contexts; and
4. addressing the potential application of Directive 2019/790 (Copyright in the Digital Single Market) to UGC platforms hosting fashion content.
• AI-Generated Content and Designs: the use of generative AI tools (eg, Midjourney, DALL-E, Stable Diffusion) for fashion design and content creation raises unresolved questions regarding IP ownership and protection. Under current Italian and EU law:
1. copyright requires human authorship, making protection of fully AI-generated works uncertain;
2. designs created by AI may face similar challenges in demonstrating the requisite “individual character” attributable to a designer; and
3. AI outputs may inadvertently reproduce protected third-party works, creating infringement risks. Fashion companies should implement AI governance policies, maintain human creative oversight, and document the human contribution to AI-assisted designs.

Beyond copyright, the unauthorised duplication, scraping, or systematic exploitation of a brand’s digital content, lookbooks, or event imagery by a competitor can be legally challenged under unfair competition law (Articles 2598 et ss of the Italian Civil Code). This prevents competitors from unfairly riding on a brand’s commercial investments, reputation, and marketing efforts by creating consumer confusion or engaging in undue competitive advantage.

Italian law provides several tools to protect fashion brands, product aesthetics, and commercial collaborations.

Brand Identity and Product Aesthetics

• Trade mark registration is the main protection for brand names, logos, and distinctive signs.
• Design registration protects the novel appearance of products, packaging, and accessories.
• Copyright protection under Article 2(10) of Law No 633/1941 applies to fashion designs with creative character and artistic value, granting protection for 70 years after the author’s death. Although Italian courts traditionally applied a strict standard for “artistic value”, recent case law has become more favourable toward iconic fashion designs.

Unfair Competition and Trade Secrets

• Unfair competition: Articles 2598 et seq of the Civil Code provide protection against slavish imitation, misappropriation of goodwill, and other unfair commercial practices.
• Trade secrets: Articles 98–99 of the CPI protect trade secrets and confidential business information, such as unreleased designs, supplier and client lists, pricing strategies, and marketing plans, provided reasonable confidentiality measures (eg, non-disclosure agreements (NDAs)) are adopted.

Collaborations, Co-Branding and Other Agreements

• Co-branding and capsule collection agreements usually regulate licensing of trade marks and design rights under Article 23 of the CPI, including scope of IP use, quality-control obligations, revenue-sharing, and termination rights. Quality-control clauses are particularly important to avoid trade marks becoming deceptive and potentially revocable.
• Franchise agreements are governed by Law No 129/2004, which imposes pre-contractual disclosure obligations and minimum contract terms, especially relevant for fashion retail networks.
• Selective distribution agreements are commonly used to preserve brand prestige by limiting sales only to authorised retailers that meet specific qualitative standards.

Italy provides comprehensive civil, criminal, and administrative remedies for IP infringement and counterfeiting.

Civil Remedies

Civil remedies are available before the Sezioni Specializzate in materia di Impresa (IP-specialised Courts), which ensure high technical expertise. 

Rights' holders may seek:

• preliminary injunctions, including ex parte seizure orders (sequestro), legal searches (descrizione - a unique tool to search for and document evidence of infringement, in certain cases ex parte, ie, without prior notice to the alleged infringer – descrizione inaudita altera parte) under Articles 129 and 132 of the CPI, and urgent measures under Article 700 of the Italian Code of Civil Procedure; 
• permanent injunctions prohibiting further infringement, possibly also ordering the destruction, removal or recalling from commerce of infringing goods;
• compensatory damages calculated on the basis of actual loss, the infringer’s profits, or – as an alternative – a reasonable royalty (Article 125 of the CPI). A daily penalty (astreinte) is often imposed for any future delay in complying with the court’s orders; and
• publication of the judgment in newspapers or trade publications at the infringer’s expense to rehabilitate the brand’s reputation and inform the public of the existence of infringing activities against the rights holders as well as a form of compensation.

Criminal Remedies

Criminal remedies are robust, particularly for counterfeiting, and are often pursued in parallel with civil actions. Key criminal provisions include:

• Article 473 of the Italian Criminal Code (counterfeiting, altering, or using counterfeit trade marks or distinctive signs);
• Article 474 of the Italian Criminal Code (introduction into the territory of the State and trade in products with false signs);
• Article 517-ter of the Italian Criminal Code (sale of industrial products with misleading signs); and
• Article 171 et seq of the Italian Copyright Act (criminal sanctions for copyright infringement, including imprisonment and fines).

The Italian authorities, including the Guardia di Finanza (Financial Police) and the Carabinieri (Italian paramilitary police), actively investigate counterfeiting operations, often performing “fast-track” seizures during fairs or at retail points.

Administrative Remedies

• Administrative enforcement is carried out primarily by the Italian Customs Agency (Agenzia delle Dogane e dei Monopoli), which has the power to detain and seize suspected counterfeit goods at borders, and by the AGCM, which may sanction misleading commercial practices involving IP rights.

Italy’s customs enforcement is generally considered efficient, with the Guardia di Finanza and the Agenzia delle Dogane e dei Monopoli playing active roles in seizing counterfeit fashion goods at ports, airports, and postal hubs.

There are several alternative enforcement mechanisms available, as follows.

• Arbitration: widely available and commonly used in fashion-related commercial disputes, particularly in licensing, franchising, and distribution agreements. Arbitration in Italy is governed by Articles 806–840 of the Code of Civil Procedure. Parties may agree to ad hoc arbitration or institutional arbitration (eg, under the rules of the Camera Arbitrale di Milano (Chambers of Commerce in Milan) or the International Chamber of Commerce – ICC). The WIPO Arbitration and Mediation Centre offers specialised procedures for IP disputes.
• Mediation: Legislative Decree No 28/2010 introduced mandatory mediation as a pre-condition to litigation for certain civil and commercial matters. While IP disputes are not subject to mandatory mediation, voluntary mediation is increasingly used in the fashion sector for disputes involving ongoing commercial relationships where preserving business relations is important.
• Notice and Takedown Procedures: for online IP infringement, fashion brands can utilise notice-and-action mechanisms under the Digital Services Act (DSA, Regulation (EU) 2022/2065). Major e-commerce platforms offer dedicated brands.
• Protection programmes (eg, the “Amazon Brand Registry”, the “eBay VeRO”, the “Alibaba IP Protection Platform”) which generally have very short response times.
• Domain Name Disputes: abusive registration of domain names incorporating fashion brands can be challenged through:
1. the UDRP (Uniform Domain-Name Dispute-Resolution Policy) – administered by the WIPO and other approved providers for gTLDs (.com, .net, .fashion, etc);  and
2. .it domain disputes – resolved through the Registro.it dispute resolution procedure or ordinary Italian courts. UDRP proceedings typically conclude within 60 days at a cost of USD1,500–4,000, significantly faster and cheaper than litigation.

Proving IP infringement in fashion cases under Italian law involves significant evidentiary challenges.

For copyright claims, the main issue is proving originality and “creative character and artistic value” under Article 2(10) of the Italian Copyright Law. Italian courts traditionally required objective indicators such as critical recognition, museum exhibitions, or commercial success unrelated to function, although recent case law has adopted a broader approach focused on the author’s creative choices.

In trade-mark infringement cases, claimants must generally prove a likelihood of confusion or association among consumers. For well-known trade marks, protection also extends to cases involving unfair advantage, dilution, or harm to reputation, even without confusion. Demonstrating trade-mark reputation is evidence-intensive and may require market surveys, sales figures, advertising investments, and proof of public recognition.

For design infringement, the right-holder must show that the contested product creates the same overall impression on the informed user, often through expert analysis and detailed comparisons.

In unfair competition cases based on slavish imitation (imitazione servile), the claimant must prove that the copied features are distinctive rather than purely functional and that they create a real risk of consumer confusion.

The burden of proof generally lies with the claimant, although the CPI provides procedural tools such as disclosure orders under Article 121-bis of the CPI and descrizione orders under Article 129 of the CPI, allowing judicial inspection and documentation of allegedly infringing products.

Italian law provides a broad system of remedies for IP infringements designed both to compensate right-holders and to deprive infringers of their economic gains.

Compensatory Damages (Danni Patrimoniali)

Under Article 125 of the Italian Industrial Property Code (CPI) and Article 158 of the Copyright Law, damages may include:

• Actual damages covering lost profits (lucro cessante), reduced sales, price dilution, reputational impact, and costs incurred to counter the infringement, as well as investigation and legal expenses.
• The Infringer’s Profits: under Article 125(3) of the CPI, allowing the right-holder to recover profits earned through the sale of infringing goods, either alternatively or additionally to lost profits.
• Reasonable royalty: used where actual damages are difficult to quantify, based on the hypothetical licence fee the infringer would have paid.

Moral and Non-Patrimonial Damages

• Reputational Harm: Article 125(1) of the CPI and copyright law also allow compensation for reputational harm and non-economic prejudice, including loss of exclusivity, brand vulgarisation, or association of luxury brands with counterfeit or low-quality goods.

Corrective and Accessory Remedies

• Courts may order the publication of the judgment, especially in major counterfeiting cases, both to restore the brand’s reputation and to deter future infringements.

Criminal Proceedings Outcomes

• Criminal proceedings may additionally lead to the confiscation and destruction of infringing goods.

Fashion advertising in Italy is mainly regulated by Legislative Decree No 145/2007 on misleading and comparative B2B advertising and by Articles 20–27 of the Consumer Code (Legislative Decree No 206/2005) governing unfair B2C commercial practices. Enforcement operates through both public authorities, especially the AGCM, and the self-regulatory system of the IAP (Istituto dell’Autodisciplina Pubblicitaria), whose Self-Regulation Code for Commercial Communication (Codice di Autodisciplina della Comunicazione Commerciale) sets key standards for fair and transparent advertising.

Comparative advertising is generally permitted under Legislative Decree No 145/2007, provided comparisons are objective and based on relevant, verifiable product features. Advertising must not create confusion with competitors, damage their reputation or discredit their products, or unfairly exploit trade marks. In the luxury and fashion sectors, where brand image is highly aspirational, comparative advertising remains relatively uncommon.

Digital and programmatic advertising adds further compliance obligations. Online campaigns must comply with the e-Privacy Directive, the General Data Protection Regulation – GDPR, and the guidelines of the Italian Data Protection Authority (Garante per la protezione dei dati personali), particularly regarding cookies, tracking technologies, behavioural targeting, and real-time bidding (RTB) systems. In addition, “dark patterns” and manipulative digital interfaces are increasingly scrutinised under the Digital Services Act (DSA) and unfair commercial practice rules. As a result, fashion brands are expected tomonitor and audit their digital advertising supply chains carefully to ensure full compliance.

Influencer marketing in Italy is now governed by a more structured regulatory framework. A key development is AGCOM Resolution No 7/23/CONS, effective since 2024, which subjects influencers with more than one million followers to broadcaster-like obligations, including stricter content and advertising rules, particularly for content directed at minors.

Transparency is the core principle of the system.

AGCM requires influencers to disclose commercial relationships clearly, through explicit hashtags such as #ad, #sponsored, or #pubblicità. In parallel, the IAP Digital Chart (updated in 2023) mandates clear labelling of sponsored content with expressions such as “post sponsorizzato.” Liability does not rest solely on influencers: brands may also be held jointly responsible for failures to comply with disclosure obligations.

The rise of virtual influencers and AI-generated promotional content has created new regulatory challenges. Although current AGCOM and IAP rules were mainly designed for human influencers, the same principles of advertising transparency apply to virtual entities.

The legal landscape surrounding environmental claims is undergoing a profound transformation, driven largely by Legislative Decree No 30/2026 (adopted in transposition of EU Directive 2024/825/EU).

The amended Consumer Code bans generic or offset-based environmental claims unless backed by recognised scientific methods, strict certifications, or comprehensive Life Cycle Assessments (LCAs), while mandating clear product durability and repairability disclosures. Furthermore, the upcoming EU Green Claims Directive will require independent pre-verification of all environmental marketing before publication.

The Italian Competition Authority (AGCM) is aggressively enforcing anti-greenwashing measures, placing the fashion sector under intense and continuous scrutiny. The AGCM is also actively investigating the deceptive combination of “Made in Italy” branding with environmental claims in instances where production involves significant offshore components. Given this rigorous enforcement climate, it is imperative for fashion brands to conduct comprehensive, end-to-end audits of their environmental claims across all physical and digital marketing channels.

The enforcement of advertising and commercial practice regulations in Italy is based on a multi-level system combining administrative, self-regulatory, judicial, and criminal mechanisms.

The main public enforcement authority is the AGCM, which monitors misleading advertising and unfair commercial practices and may impose administrative fines of up to EUR10 million. Alongside it, the IAP Giurì (Jury) of the Istituto dell’Autodisciplina Pubblicitaria operates as a fast self-regulatory body able to issue binding orders for the immediate withdrawal of unlawful advertising campaigns.

Digital advertising and influencer content are additionally supervised by the AGCOM, which has specific competence over online communications. Consumer associations such as Codacons and Altroconsumo also play an active role, being entitled to file complaints before the AGCM and bring representative consumer actions.

The system is further reinforced by criminal law, as Article 640 of the Italian Criminal Code provides potential criminal liability for fraud in cases of particularly serious and intentionally deceptive advertising practices.

Italian law provides robust protection for personality and image rights. The right to one’s own image (diritto all’immagine) is protected under Article 10 of the Italian Civil Code and Articles 96–97 of the Italian Copyright Law (Law No 633/1941).

The key consumer rights applicable to fashion retailers in Italy are as follows.

• A 14-day right of withdrawal for distance/off-premises contracts (Article 52 of the Italian Consumer Code); no reason is required.
• Legal guarantee: two years for defective goods (Article 128–135-septies of the Italian Consumer Code); remedies include repair or replacement as primary remedies, and price reduction or termination (refund) as secondary remedies.
• The seller bears the burden of proof for defects within 12 months of delivery (lack of conformity appearing within one year from delivery is presumed to have existed at the time of delivery (Article 135 of the Italian Consumer Code).
• Digital goods/services: specific rules implemented in the Italian Consumer Code pursuant to Directive 2019/770.
• Unfair contract terms (Article 33–37 of the Italian Consumer Code): clauses creating a significant imbalance to the detriment of the consumer are null and void.

• Pre-contractual information: traders must provide clear and comprehensive information prior to contract conclusion, including their identity, the main characteristics of the goods, the total price (including taxes and additional charges), delivery arrangements, and the right of withdrawal (Article 49 of the Italian Consumer Code).
• Order process and confirmation: the trader must ensure that the consumer explicitly acknowledges the obligation to pay (eg, through a “pay now” button) and must provide confirmation of the contract on a durable medium (Articles 51–52 of the Italian Consumer Code).
• Digital content: the right of withdrawal does not apply where performance has begun with the consumer’s prior express consent and acknowledgement that the right is thereby lost, particularly for digital content not supplied on a tangible medium (Article 59 of the Italian Consumer Code).
• Consumer reviews and ranking transparency: traders must not post or commission fake reviews and must inform consumers whether and how reviews are verified; online marketplaces must also provide transparency regarding the main parameters determining the ranking of offers (Articles of the 22-23 Italian Consumer Code).

Disputes with consumers may be resolved as follows.

• Judicial proceedings: Giudice di Pace (claims up to EUR5,000); civil courts for higher-value claims; collective redress mechanisms are also available.
• ADR: alternative dispute resolution is widely available on a voluntary basis. Mediation is mandatory for specific categories of disputes (not generally applicable to consumer sales).
• Collective redress: representative actions may be brought by qualified entities (eg, consumer associations) under D.Lgs 28/2023 (implementing EU Directive 2020/1828).
• The AGCM may independently investigate and sanction unfair commercial practices, without prejudice to individual consumer claims.

• Pricing, discounts, and loyalty programmes are generally permitted, unless they distort competition or mislead consumers (notable AGCM cases include proceedings against fashion retailers operating outlet stores, where products were specifically manufactured for outlet sale but presented as discounted goods through inflated original prices).
• Price transparency: when advertising a discount, the seller must indicate the previous price (ie, the lowest price applied in the previous 30 days) (Article 17-bis of the Italian Consumer Code).

• Textile labelling: EU Reg 1007/2011 – fibre composition is mandatory in Italian and the language of sale; country of origin is not mandatory (but “Made in Italy”, if used, must comply with L. 55/2010);
• “Made in Italy”: protected designation under L. 55/2010 (“Legge Reguzzoni-Versace”); substantial transformation must occur in Italy;
• Leather goods: voluntary but regulated use of “vera pelle”/“genuine leather” designation;
• Registration, Evaluation, Authorisation, and Restriction of Chemicals (REACH) Regulation: restrictions on hazardous substances in textiles/garments (dyes, finishes).

Fashion brands operating in Italy must comply with the GDPR (Regulation (EU) 2016/679) and the Italian Privacy Code (Legislative Decree No 196/2003, as amended by Legislative Decree No 101/2018).

Key compliance areas for the fashion sector include:

• profiling and automated decision-making;
• use of tracking technologies, such as video surveillance and geolocation tools; and
• marketing communications, where Article 130 of the Italian Privacy Code generally requires prior opt-in consent for electronic direct marketing, except for the limited “soft-spam” exception.

The Italian Data Protection Authority (Garante per la Protezione dei Dati Personali, or “Garante”) has also issued guidelines and decisions on marketing, profiling, and loyalty programmes, and approved a specific code of conduct under Article 40 of the GDPR for marketing and teleselling activities.

As Italy is an EU Member State, the GDPR is directly applicable, and provides a harmonised data protection framework across the European Economic Area. The Italian Privacy Code, as well as the decisions and guidelines issued by the Garante, supplement and specify certain aspects of the GDPR at the national level.

Under Italian data protection rules and the guidelines of the Italian Data Protection Authority (Garante), marketing by e-mail or SMS generally requires prior opt-in consent. An exception applies to “soft spam,” which allows marketing of similar products to existing customers without explicit consent, provided an easy and free opt-out is always available. For cookies, behavioural advertising, and profiling activities, granular consent is required. “Cookie walls” or “pay-or-consent” mechanisms are generally prohibited, except in limited cases recognised by the Garante. Several companies have already been sanctioned for non-compliant cookie banners.

In loyalty programmes, personal data collection must remain proportionate to the processing purposes and comply with the principles of privacy by design and by default. Any profiling activity requires separate and specific consent.

For mobile applications, privacy notices must be provided during onboarding before any processing begins. Regarding children’s data, Articles 8 of the GDPR and 2-quinquies of the Italian Privacy Code require parental consent for users under 14 when information society services are offered directly to them.

Italy imposes increasingly strict limits on biometric and AI-based technologies through both EU and national legislation. In addition to the EU AI Act (Reg (EU) 2024/1689), Italian Law No 2025/132 (AI Law) reinforces the protection of personal data processed by AI systems, requiring compliance with the principles of lawfulness, fairness, and transparency, as well as clear information to individuals regarding AI-related processing and risks.

The Italian Privacy Code and guidance issued by the Italian Data Protection Authority (Garante) specifically regulate biometric data and biometric systems, such as facial recognition, access control, and attendance tracking. These uses generally require a Data Protection Impact Assessment (DPIA) and strict evaluations of necessity and proportionality.

In the fashion retail sector, technologies such as in-store facial recognition or AI-based sentiment analysis are therefore subject to stringent requirements under the GDPR, the AI Act, the Italian AI Law, and Garante guidelines. Their use is likely to be permissible only with explicit and freely given consent and must still satisfy strict proportionality and necessity standards.

Non-compliance with data protection rules in Italy may lead to significant administrative, criminal, and reputational consequences.

The Italian Privacy Code provides criminal sanctions for serious violations, including:

• unlawful processing, acquisition, or disclosure of personal data under Articles 167, 167-bis, and 167-ter, punishable by imprisonment of up to six years;
• fraudulent communications or notifications to the Garante under Article 168; and
• failure to comply with measures issued by the Garante under Article 170, punishable by imprisonment from three months to two years.

The Garante has actively enforced these provisions against in sectors such as digital marketing, e-commerce, and telecommunications, imposing fines ranging from thousands to millions of euros. In addition to financial sanctions, companies may suffer reputational harm and be subject to corrective orders requiring changes to their data processing practices and remedial measures.

The fashion industry raises several sector-specific competition law issues.

Selective distribution systems are widely used by luxury and fashion brands to maintain brand image and control the quality of retail presentation. Pursuant to EU and Italian competition law, selective distribution agreements are generally permissible, provided they meet the conditions set out in the case law and the Vertical Block Exemption Regulation (VBER, Regulation (EU) 2022/720).

Resale price maintenance (RPM) – ie, the imposition of minimum or fixed resale prices – is a hardcore restriction under Article 4(a) of the VBER and is prohibited. However, maximum or recommended resale prices are permitted provided they do not amount to de facto fixed or minimum prices.

Parallel imports: Agreements restricting parallel imports within the European Economic Area (EEA) – such as clauses preventing cross-border sales or partitioning territories among distributors – are treated as restrictions by object under Article 101 of the Treaty on the Functioning of the European Union (TFEU) and constitute hardcore restrictions under Article 4(b)–(d) of the VBER.

Vertical agreements and online distribution systems in Italy are governed by the EU Vertical Block Exemption Regulation (VBER), effective since June 2022, together with the European Commission Guidelines on Vertical Restraints. These rules are applied by the AGCM alongside Italian competition law (Law No 287/1990).

Block-exemption conditions: Under the VBER, vertical agreements benefit from block-exemption protection where both supplier and buyer hold market shares below 30%.

Hardcore restrictions: Certain restrictions are considered “hardcore” and fall outside the exemption, including:

• resale price maintenance (Article 4(a));
• territorial or customer restrictions, except for limited exceptions in selective or exclusive distribution systems (Article 4(b)-(d)); and
• restrictions preventing the effective use of the internet for online sales (Article 4(e)).

The current VBER is more flexible regarding online distribution. Different wholesale prices or different criteria for online and offline sales are no longer automatically considered hardcore restrictions, provided they do not effectively prevent online selling.

Marketplace restrictions: Restrictions on the use of third-party online marketplaces by authorised distributors are also generally permitted and are not automatically treated as hardcore restrictions under the VBER.

Under the revised VBER, fashion and luxury brands operating selective distribution systems may prohibit authorised distributors from selling through third-party online marketplaces such as Amazon or eBay without the restriction automatically being considered a hardcore restriction. This is an important mechanism for preserving brand image and controlling the online sales environment.

However, such restrictions must be applied consistently and in compliance with competition law. In March 2026, AGCM fined a prominent Italian jewellery and watchmaking group approximately EUR26 million (Case I876) for unlawful practices within its selective distribution network. The violations included resale price restrictions, particularly limits on online discounts, and a marketplace ban applied discriminatorily, since the group itself continued selling on the same third-party platforms while prohibiting authorised distributors from doing so.

Separate investigations (Cases I879 and I880, opened in November 2025) are pending against two leading watch manufacturers, for alleged interference with the commercial policies of authorised retailers, relating to the prices displayed on online sales channels.

Italian courts have developed extensive case law on unfair competition in the fashion sector under Articles 2598–2601 of the Civil Code. Key areas include:

• Slavish imitation (imitazione servile): occurs when a competitor copies the distinctive, non-functional features of a fashion product in a way likely to confuse consumers. Courts assess the overall impression on the average consumer, considering the originality of the copied features and any differences introduced. The Tribunale di Milano has issued significant decisions involving handbags, shoes, jewellery, and clothing designs.
• Misappropriation of goodwill (agganciamento): arises where a competitor unfairly exploits another brand’s reputation through look-alike products, misleading trade dress, or similar marketing strategies.
• Parasitic competition (concorrenza parassitaria): a doctrine developed in Italian case law concerning the systematic imitation of a competitor’s business model, product line, or commercial strategies, beyond the copying of individual products. In the fashion sector, courts have applied it to brands consistently replicating another company’s design language and market approach.

Alongside judicial enforcement, the AGCM has also addressed unfair commercial practices in fashion, particularly misleading claims relating to ethics and sustainability.

Under Italian law, the principle of exhaustion is expressly set out in Article 5(1) - (2) of the CPI, which provides for EEA-wide exhaustion and preserves “legitimate reasons” for the trade-mark owner to oppose further commercialisation when, in particular, the condition of the goods is changed or impaired; this sits alongside the general delineation of trade-mark rights in Article 20 of the CPI.

Fashion brands operating in Italy typically adopt one of several corporate structures, depending on their size, business model, and strategic objectives. The most common forms are:

• S.p.A. (Società per Azioni): preferred for large fashion groups, listed companies, and M&A targets.
• S.r.l. (Società a responsabilità limitata): common for subsidiaries, boutiques, licensing vehicles.
• Branch (sede secondaria): used for foreign brands entering Italy without full incorporation.
• Franchise: widely used for retail expansion; governed by L. 129/2004 (Legge sul Franchising).
• Joint venture: JV company (S.r.l. or S.p.A.) or contractual JV; common for licensed manufacturing or retail partnerships.

Several legal issues require particular attention when acquiring or investing in a fashion brand in Italy.

• IP due diligence (the most critical aspect of any fashion M&A transaction is the thorough assessment of the target’s IP portfolio).
• Licensing and distribution agreements (the acquirer must review all existing licensing agreements, distribution agreements, and franchise contracts).
• Key-person risk (in founder-led fashion brands, the personal involvement and creative input of the founder or creative director may be integral to the brand’s value).
• “Made in Italy” and origin compliance (the acquirer must verify that the target’s use of “Made in Italy” is legally compliant).
• Employment and labour (Transfer of Undertakings (Protection of Employment) Regulations (TUPE)-equivalent protections under Article 2112 of the Civil Code apply to business transfers, preserving employees’ rights and terms of employment).
• Supply chain compliance.
• Regulatory approvals (merger control filings may be required with the AGCM and/or the European Commission).
• Golden power (under Law Decree No 21/2012, the Italian Government has the power to impose conditions on, or block, acquisitions of companies operating in strategic sectors): while fashion is not a traditional strategic sector, transactions involving critical technologies, AI, or data infrastructure may potentially fall within scope.

Intangible assets are central to the value of fashion M&A transactions, and their valuation, transfer, and protection require careful legal and commercial attention.

This is an activity to be addressed to the financial advisers.

Italy does not impose sector-specific foreign investment restrictions on the fashion or retail industry. Foreign investors may freely establish, acquire, and operate fashion and retail businesses in Italy on the same terms as domestic investors. However, under Italy’s “Golden Power” legislation (Law Decree No 21/2012, converted into Law No 56/2012, and subsequently expanded by Law Decree No 105/2019 and emergency measures during and after the COVID-19 pandemic) the Italian Government has the power to impose conditions on, or block, acquisitions of companies operating in strategic sectors (eg, defence, national security, energy, transport, communications, AI, robotics, cybersecurity, and critical data infrastructure, financial infrastructure, media, food security, and health). While the fashion industry is not itself a designated strategic sector, a transaction involving a fashion company with significant operations in covered technologies (eg, AI-driven retail systems, critical data processing, or strategically relevant manufacturing) could potentially trigger Golden Power scrutiny, particularly where the acquirer is a non-EU/EEA investor. In practice, Golden Power review in the fashion sector is rare.

IP ownership and licensing are key issues in Italian corporate reorganisations, including mergers, demergers, and business transfers.

In mergers (fusione), Article 2504-bis of the Civil Code provides that the surviving or newly incorporated company automatically succeeds to all assets, liabilities, IP rights, and licensing obligations of the merging entities.

In demergers (scissione), Article 2506-bis of the Civil Code requires the demerger plan (progetto di scissione) to specify how IP rights are allocated among the beneficiary companies. Failure to allocate clearly specific IP assets may lead to ownership disputes.

In business transfers (cessione or conferimento d’azienda), IP rights connected to the transferred business pass to the acquirer, provided the transfer does not render the trade mark deceptive under Article 23 of the Italian Industrial Property Code (CPI). Trade-mark and design transfers must also be recorded with the UIBM to be enforceable against third parties.

Licensing agreements often contain change-of-control or assignment clauses requiring the licensor’s consent before licences can be transferred or continued following a corporate reorganisation.

The Italian fashion industry is subject to the general framework of employment law set out in Articles 2094–2134 of the Civil Code, the Statuto dei Lavoratori (Law No 300/1970), and sector-specific collective bargaining agreements, particularly the National Collective Bargaining Agreement (Contratto Collettivo Nazionale del Commercio – CCNL) for the Textile, Clothing and Fashion Industry and the CCNL for Commerce and Retail.

Key labour law issues include the following.

• Seasonal and fixed-term work: the sector heavily relies on temporary labour during production peaks and sales periods. Under Legislative Decree No 81/2015 (Jobs Act), fixed-term contracts may last up to 12 months without justification and up to 24 months if supported by specific justifications (causali).
• Modelling contracts: models may qualify either as employees or self-employed contractors, depending on the actual nature of the relationship, with important consequences for employment protections, tax, and social security obligations.
• Manufacturing labour: fashion production districts such as Prato, Como, and the Veneto region face significant compliance issues relating to workplace safety, working hours, supply-chain controls, and the prevention of unlawful labour exploitation (caporalato), which constitutes a criminal offence under Article 603-bis of the Italian Criminal Code.

There is no dedicated Italian law for the protection of models; general employment and anti-discrimination law applies.

Italian workplace compliance obligations apply across all sectors, including fashion. Workplace safety is mainly governed by Legislative Decree No 81/2008 (Testo Unico sulla Sicurezza sul Lavoro), implementing EU occupational health and safety directives and imposing employer duties relating to risk assessment, preventive measures, employee training, health surveillance, and emergency procedures. Fashion manufacturing facilities must also comply with specific standards on machinery, chemical exposure, ergonomics, and fire prevention. Diversity and inclusion are regulated through several legal instruments. Law No 903/1977 and Legislative Decree No 198/2006 (Codice delle Pari Opportunità) prohibit gender discrimination in recruitment, pay, career progression, and working conditions. Law No 162/2021 strengthened gender pay transparency by introducing the voluntary gender equality certification (Certificazione della Parità di Genere).

Disability inclusion is governed by Law No 68/1999, requiring companies with more than 15 employees to reserve positions for persons with disabilities. Broader anti-discrimination protections based on race, ethnicity, religion, sexual orientation, and other grounds are provided by Legislative Decree No 216/2003, implementing Directive 2000/78/EC.

Although no fashion-specific diversity legislation exists, the industry – especially advertising and casting practices – is increasingly scrutinised under these general rules.

In Italy, the classification of independent contractors and influencers depends on the distinction between subordinate employment (lavoro subordinato, Article 2094 of the Civil Code) and self-employment (lavoro autonomo, Article 2222 of the Civil Code). The key criterion is the degree of direction, control, and organisational integration exercised by the engaging party.

Where a formally self-employed relationship involves elements such as fixed working hours, integration into the client’s organisation, use of the client’s tools, or economic dependence, Italian courts may reclassify it as subordinate employment, with retroactive application of employment protections, social security contributions, and tax obligations. Italian law also recognises the intermediate category of co-ordinated and continuous collaborations (collaborazione coordinata e continuativa) (co.co.co.) under Article 409 of the Code of Civil Procedure. However, under Legislative Decree No 81/2015, co.co.co. relationships in which the client organises the working methods and the activity is carried out predominantly personally are presumed to constitute subordinate employment. For influencers, classification depends on the practical nature of the relationship. Influencers acting autonomously, working with multiple clients, controlling their schedules, and assuming entrepreneurial risk are generally considered self-employed. By contrast, influencers working mainly for one brand under detailed instructions and close supervision may be reclassified as employees. In addition, regulations of the Italian Data Protection Authority (Garante) and AGCOM require transparency regarding sponsored content and the influencer’s status.

Italy is subject to increasing supply-chain transparency and due diligence obligations, driven primarily by EU legislation. At the national level, Article 603-bis of the Criminal Code (introduced by Law No 199/2016) criminalises labour exploitation and illegal intermediation of labour (caporalato), targeting both the direct exploiters and the employers who knowingly benefit from exploited labour. This provision is particularly relevant to the fashion supply chain, where subcontracting in textile and garment manufacturing has been associated with instances of labour exploitation, particularly in certain manufacturing districts. Italian law also provides for the administrative liability of legal entities (Legislative Decree No 231/2001) for certain criminal offences committed in the interest or to the advantage of the company, including labour-exploitation offences. Companies may be held liable unless they have adopted and effectively implemented adequate compliance programmes (Modelli di Organizzazione, Gestione e Controllo, or “231 Models”).

The main tax considerations for fashion brands are as follows.

• Corporate income tax: IRES (Imposta sul Reddito delle Società)at 24%; IRAP (Imposta Regionale sulle Attività Produttive) (regional tax) at 3.9% on net production value.
• VAT: standard rate 22%; reduced rate 10% for some textile products; customs duties on non-EU imports (EU Common Customs Tariff).
• Transfer pricing: intra-group transactions must reflect the arm’s-length principle; APA (Advance Pricing Agreement) is available.
• Controlled Foreign Corporations (CFC) rules: Italian parent is taxed on undistributed profits of low-tax foreign subsidiaries.
• Interest deductibility limitation: Article 96 of the Consolidated Income Tax Code (Testo Unico delle Imposte sui Redditi) TUIR – interest is deductible up to 30% of Earnings Before Interest, Taxes, Depreciation, and Amortisation (EBITDA).

The following regimes and incentives apply to the creative industries, R&D and sustainable production.

• Patent Box (Article 6 of Decree-Law (Decreto-Legge – D.L. 146/2021): it should be noted that a 110% super-deduction applies to R&D expenses directly linked to the development, enhancement, maintenance, protection and exploitation of qualifying IP (including patents and legally protected designs and models, as well as copyrighted software). Fashion eco-innovation projects (eg, sustainable materials, low-impact dyeing/finishing, circular process enabling technologies) may qualify in so far as they generate or are functionally tied to eligible IP used in the business. The regime applies from the fiscal year (including 22 October) 2021 and requires appropriate tracking/documentation of the nexus between costs and the qualifying intangible assets.
• R&D Tax Credit: Article 1(198-209) of L. 160/2019 (as amended) – 10% credit on eligible R&D expenses (capped at EUR5 million) from 2023 to 2031, with reduced rates for technological innovation and design activities.
• Advertising tax credit: Article 57-bis of D.L. 50/2017 (as amended) – 75% credit on incremental press advertising expenses (capped at EUR30 million/year), subject to de minimis rules, from 2023 onwards.
• ZES (Special Economic Zones) and ZLS: reduced tax burden and simplified procedures for investments in Southern Italy and port areas.
• Sustainability investment deductions: incentives for energy efficiency upgrades and circular economy investments (Piano Transizione 5.0).

Royalties, licensing fees and brand-use payments are taxed as follows.

• Royalties paid to Italian resident companies: these are taxed as ordinary income at 24% IRES.
• Royalties paid to non-residents: 30% withholding tax to be applied to a reduced taxable basis unless reduced by applicable tax treaty (most treaties reduce to 0–10%).
• Patent Box regime: qualifying royalty income benefits from 110% cost deduction (effective rate reduction).
• VAT on royalties: taxable supply; business-to-business (B2B) reverse charge for cross-border intra-EU royalties.
• Anti-avoidance: Italian Tax Authorities scrutinise royalty flows for the application of reduced withholding taxes; the substance-over-form principle is applied.

Withholding (WHT) tax applies as follows.

• Cross-border distribution: no WHT on distribution margins (not passive income); WHT applies to royalties, interest and dividends;
• Dividends: as a general rule, 26% WHT applies to non-treaty residents; exempt under EU Parent-Subsidiary Directive; reduced under double tax treaties;
• Franchising fees: generally treated as royalties – WHT applies unless treaty exemption applies;
• the Common Reporting Standard (CRS) and the Directive on Administrative Co-operation (DAC6) reporting: cross-border tax arrangements may trigger mandatory disclosure under EU Directive 2018/822;
• Pillar Two (Global Minimum Tax): large fashion groups (EUR750 million+ turnover) are subject to 15% minimum effective tax rate from 2024 (D.Lgs. 209/2023).

Under the guidelines issued by the AGCOM in July 2025, influencers fall within the regulatory perimeter if they have at least 500,000 followers on a single platform or reach at least one million average monthly views.

Digital services and influencer revenues are subject to Italian tax in accordance with general tax principles.

For tax purposes, the classification of independent contractors and influencers in Italy follows the general principles of Italian tax law.

Italy is subject to a growing body of legislation addressing sustainability, recycling, and circular fashion, largely driven by EU law. At the national level, the Environmental Code (Codice dell’Ambiente, Legislative Decree No 152/2006) provides the general framework for waste management, pollution prevention, and environmental protection. Textile waste is classified as waste under this Code, and its management must comply with the waste hierarchy (prevention, reuse, recycling, recovery, disposal). Italy has implemented Extended Producer Responsibility (EPR) schemes for several product categories, and the EU is in the process of introducing mandatory EPR schemes for textiles through revisions to the Waste Framework Directive (Directive 2008/98/EC, as amended by Directive (EU) 2025/1892).

Italian fashion companies are increasingly subject to mandatory ESG and carbon-reporting obligations, primarily driven by EU legislation. By way of example, under the Corporate Sustainability Reporting Directive (CSRD, Directive (EU) 2022/2464), transposed in Italy by Legislative Decree No 125/2024, large companies and listed Small and Medium Enterprises (SMEs) must report on environmental, social, and governance matters in accordance with the European Sustainability Reporting Standards (ESRS) adopted by the European Commission.

In addition, Italy participates in the EU Emissions Trading System (ETS) – the relevant national framework currently being the legislative decree 47/2020 (recently amended by legislative decree 147/2024) – although this is primarily relevant to energy-intensive manufacturing in general, rather than to fashion-specific operations.

Greenwashing in Italy is regulated through consumer protection law, advertising self-regulation, and recent EU-inspired legislation.

The Italian Competition Authority, AGCM, enforces Articles 20–23 and 27 of the Consumer Code (Legislative Decree No 206/2005) against misleading environmental and sustainability claims. It may investigate unfair commercial practices, order the cessation of misleading conduct, impose interim measures, require corrective statements, and issue fines of up to EUR10 million per infringement. The AGCM has already pursued several cases involving vague or unsubstantiated sustainability claims, including in the fashion sector.

Under the Istituto dell'Autodisciplina Pubblicitaria (IAP) Code of Self-Regulation (Codice di Autodisciplina della Comunicazione Commerciale), Article 12 requires environmental marketing claims to be truthful, relevant, and scientifically verifiable. Consumer-facing claims should therefore avoid generic environmental labels unless linked to recognised certification schemes or public standards, such as the EU Ecolabel (Regulation (EC) No 66/2010), Made Green Italy (Law No 221/2015), or ISO certifications, including ISO 14025 and ISO 14040. The IAP’s Giurì has also issued several decisions concerning environmental advertising claims.

Legislative Decree No 30/2026, implementing the EU Green Claims Directive (Directive 2024/825), further strengthened the framework by:

• prohibiting generic claims such as “eco-friendly,” “green,” or “climate neutral” unless supported by recognised environmental performance;
• banning sustainability labels not based on official certification schemes or public authorities;
• prohibiting claims based solely on carbon-offsetting schemes suggesting neutral or positive environmental impact; and
• preventing mandatory EU product requirements from being presented as distinctive sustainability features.

Italy provides a growing range of incentives supporting eco-design, sustainable materials, and circular-economy initiatives in the fashion sector, while environmental penalties are mainly linked to EU and national environmental rules.

On the incentive side:

• Law No 160/2019, grants enhanced tax credits (up to 10% of eligible costs) for innovation projects related to sustainable materials, energy-efficient production, and circular-economy solutions.
• “Transizione 5.0” incentives: provide tax credits for investments reducing energy consumption and supporting more sustainable manufacturing systems.
• The “Made in Italy” Fund, established under the Made in Italy Law, finances projects promoting Italian excellence, craftsmanship, and sustainable fashion.

Patent Box: this regime allows a 110% super-deduction for R&D expenses connected to qualifying IP such as patents, protected designs, and copyrighted software. Sustainable fashion innovations – including eco-materials, low-impact dyeing, and circular technologies – may benefit where linked to eligible IP assets.

On the penalty side, the Italian Environmental Code (Legislative Decree No 152/2006) provides administrative and criminal penalties for environmental breaches, including unlawful emissions, wastewater discharges, pollution, and improper waste management affecting fashion production activities.

Italy’s textile manufacturing sector faces several significant environmental challenges.

• Water consumption and pollution: textile dyeing, finishing, and tanning require large quantities of water and generate wastewater containing chemicals, dyes, and heavy metals. Industrial districts such as Prato, Biella, and Como are subject to strict wastewater obligations under the Environmental Code (Legislative Decree No 152/2006), although compliance remains difficult, especially for SMEs.
• Chemical use: hazardous substances used in textile processing, including azo dyes, formaldehyde, per- and poly-fluoroalkyl substances (PFAS), and finishing agents, are regulated under the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulation (Regulation (EC) No 1907/2006). Manufacturers must comply with REACH restrictions and the SVHC (Substances of Very High Concern) list.
• Textile waste: Italy produces large amounts of pre-consumer and post-consumer textile waste. The EU-wide obligation for separate textile waste collection from 1 January 2025 has increased logistical and recycling challenges, particularly for blended textile materials.
• Carbon emissions: although not among the highest-emitting sectors, fashion manufacturing, logistics, and retail collectively generate a significant carbon footprint, creating growing pressure on companies to monitor, disclose, and reduce greenhouse gas emissions.
• Microplastics: synthetic fibres such as polyester, nylon, and acrylic release microplastics during use and washing. The EU is considering additional regulation, including possible obligations for microfibre filters in washing machines and restrictions on textile microplastic shedding.

Fashion-related disputes in Italy are resolved through different forums depending on the nature of the rights involved, the parties, and the remedies sought.

• Specialised Business Sections (Sezioni specializzate in materia di impresa – often referred to as Business Courts): they have jurisdiction over intellectual property disputes (trade marks, designs, patents, copyright), unfair competition claims connected with the protection of IP rights, and certain corporate matters expressly assigned by law. They may grant interim and precautionary measures, including injunctions (inibitoria), seizure orders (sequestro), and evidentiary measures such as descrizione.
• Ordinary civil courts (Tribunale, Corte d’Appello, Corte di Cassazione): competent for contractual, commercial, employment, distribution, and consumer disputes that do not fall within the jurisdiction of the Specialised Business Sections.
• Arbitration and alternative dispute resolution (ADR): arbitration is widely used in international fashion and luxury contracts because of confidentiality, procedural flexibility, and technical expertise. The Milan Chamber of Arbitration (CAM) and ICC arbitration are commonly chosen institutions. Mediation may also be used, and is mandatory in certain categories of disputes under Italian law (Legislative Decree No 28/2010).
• Administrative authorities and administrative courts: the Italian Competition Authority (AGCM) and the Italian Data Protection Authority (Garante per la protezione dei dati personali) conduct administrative proceedings relating to antitrust, unfair commercial practices, advertising, and data protection. Their decisions may be challenged before the Regional Administrative Courts (Tribunale Amministrativo Regionale – TAR) and, on appeal, before the Council of State (Consiglio di Stato).

Arbitration is commonly used in fashion contracts, particularly in international licensing, franchising, distribution, supply, and joint-venture agreements. It is preferred in cross-border transactions for reasons of confidentiality, neutrality, procedural flexibility, sector-specific expertise, and the enforceability of arbitral awards under the New York Convention framework.

• Milan Chamber of Arbitration (CAM): the leading Italian arbitral institution and frequently chosen in fashion and luxury disputes; it offers institutional arbitration rules and expedited procedures in appropriate cases;
• ICC Arbitration (Paris): widely used in high-value international fashion transactions, including licensing, distribution, franchising, and strategic commercial agreements, due to its global reputation and the international enforceability of awards;
• WIPO Arbitration and Mediation Centre: commonly used for IP-related disputes, particularly trademarks, domain names, licensing agreements, coexistence agreements, and other intellectual property transactions;
• interim relief carve-outs: arbitration clauses in fashion contracts often allow parties to seek urgent interim measures before state courts, especially in cases involving counterfeiting, trade-mark infringement, breach of exclusivity, or misuse of confidential information.

In Italy, litigation duration depends on the court and complexity of the dispute. Proceedings before the specialised Business Courts (Sezioni specializzate in materia di impresa) in IP and unfair competition matters generally last two to four years at first instance, with appeals before the Corte d’Appello adding two to three years and proceedings before the Corte di Cassazione a further two to four years. The Cartabia reform (Legislative Decree No 149/2022) seeks to reduce civil litigation timeframes.

A major strength of the Italian system, especially in fashion and luxury disputes, is the availability of rapid interim relief measures, including:

• Preliminary injunctions (inibitoria/provvedimenti cautelari): courts may order the immediate cessation of infringing activities under Articles 669-bis et seq of the Italian Code of Civil Procedure and the CPI, including ex parte orders in urgent cases upon proof of fumus boni iuris and periculum in mora.
• Description orders (descrizione, Article 129 of the CPI): pre-trial measures allowing judicial inspection and documentation of allegedly infringing goods, premises, or documents through court-appointed experts.
• Seizure orders (sequestro, Article 129 of the CPI): permitting the seizure of infringing products and production or distribution tools.
• Information orders (Article 121-bis of the CPI): requiring infringers or third parties, such as distributors or customs authorities, to disclose information on the origin and distribution channels of counterfeit goods.

Final remedies may include damages, market withdrawal and destruction of infringing products, publication of the judgment, and permanent injunctions. These interim measures are often granted within days or weeks and are particularly effective in the fashion and luxury sectors, where speed, exclusivity, and brand protection are critical.

Italy is generally regarded as an enforcement-friendly jurisdiction for both foreign judgments and arbitral awards.

• National judgments: under Articles 64–66 of Law No 218/1995 (Italian Private International Law Act), foreign judgments are automatically recognised (ipso iure) if certain conditions are met, including proper jurisdiction, due process, the absence of conflicting Italian judgments or pending proceedings, and compatibility with Italian public policy. Proceedings before the Court of Appeal may still be required where recognition is challenged or enforcement measures are requested;
• Foreign arbitral awards: Italy is a party to the 1958 New York Convention and follows a pro-arbitration approach. Under Articles 839–840 of the Italian Code of Civil Procedure, foreign awards are recognised and enforced by decree of the competent Court of Appeal. Refusal is possible only on limited grounds, such as invalid arbitration agreements, lack of due process, excess of mandate, non-arbitrability, or violation of public policy;
• Domestic provisional enforceability: pursuant to Article 282 of the Italian Code of Civil Procedure, first-instance civil judgments are provisionally enforceable even during appeal proceedings, unless enforcement is suspended by the appellate court under Article 283 for serious reasons.

Notable precedents and case law-shaping jurisprudence relating to fashion include the following.

• Gucci v Guess (Tribunale di Milano, 2012): landmark slavish imitation and trade-mark infringement; EUR4.7 million in damages awarded.
• Christian Louboutin v Van Haren (the Court of Justice of the European Union (CJEU) C-163/16, 2018): red sole trade mark valid for contrast with upper – applied in Italy.
• Coty v Parfümerie Akzente (CJEU C-230/16, 2017): selective distribution and online marketplace bans for luxury goods – followed by Italian courts and the AGCM.
• Birkenstock v Chinese manufacturer (Corte d’Appello Milano): design protection for iconic sandals – unregistered design rights upheld.
• AGCM v a major Italian fashion group (2025): EUR3.5-million fine for misleading commercial practice under the Consumer Code.
• AGCM v a major global fast fashion retailer (2025): EUR1-million fine on a leading fast-fashion e-commerce operator for misleading environmental claims.