Fashion Law as an Emerging Discipline: What Should African Curricula Include?

Fashion law is gaining global recognition as an interdisciplinary field at the intersection of intellectual property, business, human rights, and sustainability. While countries like the United States and Italy have made strides in institutionalising fashion law education, Africa is only just beginning to explore the possibilities. As the continent positions itself as a creative and economic hub for fashion, it is crucial that legal education catches up, not only to protect innovation but also to shape a thriving and ethical industry.

But what should African fashion law curricula actually include?

1. Foundations in Fashion and Intellectual Property (IP)

At the heart of fashion law lies the protection of creativity through intellectual property. For fashion professionals, this includes copyright (for prints and patterns), trademark (for brand names, logos, and slogans), design rights (for shapes and silhouettes), and trade secrets (for production techniques or recipes for dyes and fabrics).

African curricula must not only introduce these IP tools but also ground them in the local realities of African designers and artisans. Many designers on the continent face routine copying, both by peers and international brands, without knowing how to enforce their rights. Students must understand not only how to register IP but also how to monetise and defend it, including when dealing with infringers across borders. IP education should also consider access to justice, affordability of registration, and systemic issues within African IP offices.

2. Cultural Heritage and Traditional Knowledge

Africa is home to centuries-old textile traditions and design techniques, many of which are passed down through generations. From the Adire dyeing of Nigeria to the woven Kente of Ghana and the beading of the Maasai in Kenya, these forms of expression are often unregistered but carry immense cultural and commercial value.

Fashion law curricula must explore how legal tools can be used, or innovated, to protect traditional knowledge and cultural heritage. This goes beyond IP registration to include sui generis systems, community rights, customary law, and international treaties like the Nagoya Protocol and WIPO’s work on traditional knowledge. Importantly, students must engage with the ethical dimensions of cultural appropriation and misrepresentation, especially as African designs increasingly enter global fashion markets.

3. Fashion Business and Commercial Law

Fashion is not just about creativity; it is also big business. Designers must navigate a complex web of commercial relationships, from supplier agreements and brand collaborations to franchising, retail leases, and e-commerce.

Law students must be introduced to key elements of commercial law within the fashion context, such as contract drafting and negotiation, licensing agreements, distribution deals, endorsement contracts, and commercial dispute resolution. In an African context, it’s also important to teach students how to work with small-scale entrepreneurs and informal fashion enterprises who may not have access to lawyers but still require sound legal advice for growth.

4. Employment and Labour Law in the Fashion Industry

Behind every fashion brand is a workforce, from pattern makers and tailors to stylists and models. Yet many workers across Africa’s fashion value chain remain vulnerable to exploitation, underpayment, and informal arrangements that offer little protection.

Fashion law curricula must equip students with an understanding of labour law as it applies to fashion, including employment contracts, working conditions, health and safety regulations, wage standards, and dispute resolution. It should also touch on the legal frameworks governing modelling agencies, workplace harassment, and the often-overlooked rights of interns and apprentices in the creative economy. This training is essential to drive advocacy for decent work within the industry.

5. Fashion Sustainability, Ethics, and Regulation

The global fashion industry has come under increasing scrutiny for its environmental and social impact. While Africa is often painted as a future sustainability hub, it is also on the receiving end of fashion waste, unsafe production practices, and exploitative sourcing arrangements.

Legal education must therefore include environmental law, waste regulation, circular economy principles, and corporate social responsibility — all tailored to fashion. Students must be able to analyse fashion’s impact on water, land, and waste systems, and understand the legal mechanisms for holding brands accountable. They should also be trained in evaluating green claims, ESG reporting, and emerging regulations like Extended Producer Responsibility (EPR), which are gradually taking shape on the continent.

6. Fashion and Technology

Fashion is no longer limited to physical clothing. With the advent of digital fashion, NFTs, AI-generated designs, and the metaverse, law students must be trained to navigate a rapidly changing landscape.

African curricula must include digital IP, data protection, software licensing, e-commerce law, and fintech solutions relevant to the fashion space. Students should explore case studies on AI designers, the ownership of virtual designs, blockchain authentication of garments, and consumer rights in online retail. As African creatives expand into virtual spaces, the law must keep pace, and education must lead the way.

7. Comparative and Regional Legal Frameworks

Africa’s legal systems are diverse, shaped by colonial histories, regional blocs, and international treaties. Fashion law curricula must reflect this diversity while equipping students to think comparatively and globally.

Courses should expose students to legal systems like OHADA (in Francophone countries), ARIPO and OAPI (regional IP bodies), and the African Continental Free Trade Area (AfCFTA), as well as foreign frameworks like the EU Design Regulation or the U.S. Trademark Act. Students must be able to navigate how trade agreements, regional IP registration systems, and cross-border enforcement affect fashion businesses across the continent.

Building Legal Capacity for Africa’s Creative Future

Fashion law is no longer a niche discipline, it is a necessity. If Africa is to take its rightful place as a leader in global fashion, its legal systems must be equipped to support, protect, and regulate the industry.

At the Fashion Law Academy Africa, we believe the change must begin in our classrooms. By designing relevant, inclusive, and forward-looking curricula, we can empower the next generation of lawyers, policymakers, and fashion professionals to shape a creative economy that is ethical, sustainable, and truly African.