Why Fashion Law Must Be Taught in African Law Schools

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In recent decades, Africa’s fashion industry has experienced remarkable growth. Designers from fashion capitals such as Lagos, Dakar, Accra, and Nairobi are commanding national and international runways. African prints, silhouettes, and traditional craftsmanship are increasingly featured on global stages and embraced by major brands. However, this momentum has not been matched by a corresponding rise in legal education tailored to the industry. There is an urgent need for more structured legal engagement within the fashion ecosystem. Lawyers must be equipped to advocate for designers, protect cultural assets, and help build sustainable businesses that comply with both local and international regulations. Without deliberate legal training in this area, the industry remains exposed to avoidable risks and systemic exploitation. As the continent positions itself as a key player in the global creative economy, integrating fashion law into African law schools is not only timely but essential. Hence, African law schools must begin to formally recognise fashion law as an essential field of study, one that is both economically significant and culturally necessary.

Understanding Fashion as a Legal Industry

Fashion is often mischaracterised as purely creative. In reality, it is a sophisticated commercial sector that intersects with multiple areas of law. Every stage of a fashion business, from ideation to consumer sale, is governed by legal principles. Intellectual property protects designs and brand identity. Contract law governs agreements with suppliers, models, and retail partners. Employment law ensures fair treatment of workers. Trade and customs regulations determine how goods move across borders. Consumer protection laws ensure that buyers are not misled or harmed.

Despite this, most African legal curricula do not engage with fashion as a legitimate area of legal practice. Students graduate without ever learning how to draft a licensing agreement, file a trademark application, or advise a creative entrepreneur on how to structure a fashion startup. This gap in education leaves many designers legally vulnerable and limits the capacity of the legal profession to support one of Africa’s most promising industries.

Why Should Fashion Law Be Taught in African Law Schools?

1. Africa’s Fashion Industry Is Booming

   The African fashion industry is expanding at an impressive pace, driven by a youthful population, increased digital connectivity, and a growing global appetite for African creativity. Local designers are breaking into international markets, new brands are emerging regularly, and regional fashion weeks are drawing the attention of global media and investors. Despite this progress, the industry continues to operate largely without the legal infrastructure needed to sustain and protect its growth. Many fashion businesses navigate complex challenges related to intellectual property, contracts, business formation, and consumer protection without adequate legal guidance or support.

2. The Legal Risks Are Too High to Ignore

   The fashion industry presents a range of legal challenges, from copyright infringement and counterfeiting to labour exploitation and cultural misappropriation. In Africa, traditional designs are often reproduced without credit or compensation, and local creatives struggle to protect their work beyond national borders. Contracts are frequently informal, verbal, or poorly drafted, leaving designers exposed to exploitation and loss. With legal education that address the specific realities of the fashion industry, African lawyers will be adequately prepared to support or protect one of the continent’s fastest-growing economic sectors.

3. Cultural Heritage Must Be Protected

   Africa is rich in centuries-old craftsmanship, traditional textiles, and unique cultural expressions. These cultural assets are frequently exploited, both within the continent and abroad, often without recognition or compensation. When fashion law is properly integrated into legal education, it equips future lawyers with the tools to protect traditional knowledge and cultural expressions through existing national and international legal frameworks. Understanding legislation such as Kenya’s Traditional Knowledge and Cultural Expressions Act and South Africa's Retail–Clothing Textile Footwear Leather Masterplan (R-CTFL Masterplan 2030) is essential for any country aiming to safeguard indigenous creativity and ensure that local communities benefit from the commercial use of their resources.

4. Fashion Law Builds an Ecosystem of Compliance and Innovation

   Incorporating fashion law into legal education helps cultivate a new generation of lawyers who can support designers, startups, manufacturers, and investors across the value chain. It encourages adherence to trade, labour, environmental, and consumer protection laws, which strengthens the integrity of the entire business ecosystem. At the same time, it fosters innovation by equipping creatives with the legal knowledge needed to understand their rights, secure funding, and scale their businesses internationally while maintaining control over their intellectual property.

   
   

5. Global Competitiveness Demands Legal Preparedness

   As Africa becomes more integrated into the global fashion supply chain, legal professionals must be equipped to manage cross-border contracts, trademark registrations, import and export regulations, and international dispute resolution. Without legal expertise that reflects the unique demands of the fashion industry, the continent risks being seen only as a source of raw creativity, without retaining the economic and cultural value it helps to generate.

6. Legal Education Should Reflect Evolving Realities

   African law schools must move beyond conventional subjects and respond to the needs of emerging industries. Just as specialisations in oil and gas law, sports law, and fintech law have become part of legal curricula, fashion law must also be recognised as a legitimate and necessary field of study. It draws from multiple legal areas including intellectual property, business law, international trade, labour law, and human rights. This makes it both highly relevant and inherently interdisciplinary, perfectly suited for the complexities of the modern legal landscape.

   
   

Conclusion

Fashion law belongs in African law schools. Not because it is trendy or exotic, but because it is foundational to the legal, cultural, and economic integrity of a growing industry. By incorporating fashion law into their curricula, African law schools would not only prepare students for an evolving legal marketplace but also contribute to the protection of African creativity, heritage, and economic power. The future of fashion in Africa deserves legal minds that are as sharp and visionary as the designers they serve.