Bernice Ofunre Asein, Esq., is the visionary founder and executive director of the Fashion Law Institute, Africa’s foremost institution dedicated to bridging the gap in fashion law. With an unwavering commitment to legal advocacy, Ms. Asein champions reforms, accountability, and critical research to advance the African fashion industry.
As the lead counsel at Cardinal Counsel, a distinguished fashion law firm based in Lagos, Nigeria, Ms. Asein exemplifies innovation and excellence. Her diverse clientele spans fashion brands, educational institutions, manufacturing and textile companies, startups, fashion technology firms, investors, models, and influencers. Her expertise lies in navigating the intricate intersection of law and fashion, ensuring her clients receive tailored and strategic legal support.
Ms. Asein specializes in key areas of fashion law, including intellectual property rights, contract negotiation, finance, and employment law. Her comprehensive understanding of legal frameworks is bolstered by a strong educational foundation and practical experience.
Her academic journey took her to the prestigious Milano Fashion Institute in Milan, Italy, where she refined her global expertise. She also holds an LVMH certificate in operations and supply chain, retail, and customer experience. Additionally, she has earned certifications in intellectual property law from the World Intellectual Property Organization (WIPO) and the Intellectual Property Institute of Nigeria, further enhancing her credentials.
In 2024, Ms. Asein was nominated for The Future Awards Africa Prize for Law, nominated by The Icons Awards in the Fashion Leadership category, and nominated for her impact in fashion and leadership by the Global Leadership Institute.
Her qualifications include a certificate in tax law from The Chartered Institute of Taxation of Nigeria, adding depth to her legal acumen. Ms. Asein is also affiliated with esteemed professional organizations, including The Institute of Chartered Secretaries and Administrators of Nigeria (ICSAN) and The Institute of Chartered Mediators and Conciliators. She is a proud member of the Nigerian Bar.
Currently pursuing her LLM at Babcock University, Ms. Asein actively engages as a speaker and facilitator at industry events, training programs, and workshops. Her contributions continue to shape the field of fashion law, both within Africa and on the global stage, solidifying her reputation as a trailblazer and advocate for the creative economy.
What inspired you to combine law and fashion, two fields that seem to be such polar opposites, and how did that lead you to start the Fashion Law Institute?
The fashion industry was the driving force behind my decision to combine law and fashion. While studying law at university, I also ran a fashion design business. This dual pursuit often sparked questions from my concerned parents and curious peers about whether I would eventually choose one path, as combining both fields was rare at the time.
The defining moment came in 2017, during the Fashion Business Series at Lagos Fashion Week. It became clear that the African fashion industry needed more than creative talent; it required legal professionals specializing in fashion law—experts who could protect intellectual property and advocate for policies that foster a supportive business environment. This insight ignited my passion for fashion law, as I saw how the lack of legal awareness, education, and representation was stifling the industry’s potential. I realized that my unique blend of legal expertise and love for fashion could help bridge this gap.
Before launching the Fashion Law Institute, I established Cardinal Counsel, a law firm tailored to startups and creatives, especially those in the fashion industry. Through providing legal services and hosting awareness campaigns, it became evident that a specialized institution was necessary to address the broader, unique challenges facing the fashion industry.
This realization led to the creation of the Fashion Law Institute, a dedicated platform that integrates legal guidance, research, policy advocacy, and education. The institute empowers fashion entrepreneurs and stakeholders across Africa by equipping them with the legal tools needed to protect their work, scale their businesses, and navigate the complex legal landscape of the industry.
What was your biggest challenge when you started the institute, and how did you handle it?
Starting the Fashion Law Institute in Nigeria was an uphill battle, marked by over two years of persistence through rejections, appeals, and even two name changes. One major hurdle was an objection to the use of “law” in our name, as many questioned whether fashion and law could truly coexist.
While these setbacks were disheartening, they strengthened my resolve to push forward. During this period, we remained steadfast in our mission, launching several initiatives to demonstrate the importance of fashion law. These included offering pro bono legal services, hosting training sessions, and organizing conferences to support creatives in the industry. Our persistence paid off in September 2023, when our appeal was finally approved, officially establishing us as the first fashion law institute on the African continent.
Another notable challenge was the lack of awareness and understanding of legal issues within the creative community. Nigeria’s fashion industry is predominantly informal, with many stakeholders operating independently and without access to legal resources. To address this, we embarked on extensive educational campaigns, organizing workshops and seminars to bridge the knowledge gap and foster a greater understanding of the role of law in the industry.
What are the key legal challenges that African creatives face in the fashion industry?
African creatives in the fashion industry face so many legal hurdles, and it’s honestly a mix of issues. One major challenge is the lack of proper intellectual property frameworks. For example, our copyright law doesn’t cover artistic works if they’re meant for industrial replication—like clothing patterns or designs for mass production. This really doesn’t work for the fashion industry, where replication is the goal.
Another big gap is the absence of any regulatory or representative body for the industry. What we have now are clusters, associations, and communities, all working in silos. There’s no unified structure or framework to guide the industry, and that’s partly because the government and stakeholders haven’t come together to together to decide on a way forward—whether that’s self-regulation or something more formal.
Then, there’s the issue of trademarks. Registering a trademark in Nigeria can be incredibly frustrating. The process is slow, largely manual, and riddled with inefficiencies. From searching to getting the final certificate, it can take years. Designers are often left waiting, and the lack of communication from the registry just adds to the stress.
And let’s not even talk about how fragmented IP protection is across Africa. Unlike the EU, where one application can cover multiple countries, designers here have to go through individual registrations for each country, which is expensive and time-consuming. We do have organizations like ARIPO and OAPI that try to make this easier, but enforcement and coordination with national offices remain a challenge. The AFCFTA protocol on intellectual property rights offers some hope, but there’s still a disconnect.
Another issue is the lack of laws protecting cultural heritage, like against cultural appropriation or for geographical indications. These are areas where African creatives could really shine, but the legal support just isn’t there yet.
Finally, a lot of creatives simply don’t know their rights. Many of them work in informal settings and don’t have access to legal education or resources. That makes them vulnerable—to exploitation, bad contracts, you name it.
At the end of the day, there’s a lot of work to be done. It’s going to take collaboration between policymakers, industry leaders, and legal professionals to create an environment where creatives are protected and can thrive.
How has your work helped creatives protect their designs and intellectual property?
My work has been all about helping creatives protect their intellectual property and grow their businesses. Through our Fashion Law Integration Program (FLIP), we’ve introduced fashion law into fashion schools, giving future designers a solid understanding of the legal side of their craft. Beyond that, we’ve provided pro bono legal services to over 125 brands, models, influencers, and designers, helping them register trademarks, resolve copyright issues, and handle contract disputes or agency challenges.
We also host initiatives like the Fashion Law Masterclass and the IP Hangout, where we equip creatives with the tools to protect their designs, negotiate contracts, and deal with infringement cases. Events like the Fashion Law and Business Conference bring together industry leaders to discuss pressing issues and find solutions, while our Research and Policy Centre focuses on creating a more enabling environment for the industry.
Together, these efforts have impacted over 5,000 creatives across Africa. What makes it even more rewarding is being able to bridge the gap between creativity and legal knowledge, offering practical solutions tailored specifically to the challenges fashion entrepreneurs face in this region.
How does your work specifically support women in the fashion industry?
Around 80% of garment workers are women, and we believe in empowering them through education, mentorship, and providing access to legal resources. At the Fashion Law Institute (FLI), many of our initiatives are designed with women entrepreneurs in mind. We offer workshops that teach them how to protect their businesses and navigate the legal landscape of the fashion industry. Our efforts also include advocating for policies that support gender equity, ensuring that women in fashion have the same opportunities to succeed as their male counterparts.
In fact, about 90% of the people who participate in our programs are women, so we’re playing an important role in supporting them as they grow and scale their businesses. But our work goes beyond just providing legal services. We’re also looking at the broader issue of labor rights, especially in garment factories. Trade unions are vital for ensuring fair wages and decent working conditions. We help both employers and employees understand how to establish fair and legitimate agreements. By educating them about their rights, we’re making sure that workers, especially women, have the support they need to defend themselves and challenge any exploitation.
Our goal is to create a stronger awareness of workers’ rights, ensuring that brands and suppliers who abuse these rights are held accountable. This is our way of contributing to improving working conditions globally and changing the fashion industry for the better, especially for women.
What unique challenges do women creatives face in Africa, and how can they overcome them?
Women in Africa often face challenges like limited access to funding, legal protections, and education. There are also cultural norms that can sometimes restrict their opportunities. To overcome these hurdles, it’s important to push for equitable policies and create more mentorship opportunities.
Building strong networks is crucial too—women need the right tools and resources to succeed, and connecting with others who can provide support and guidance can make all the difference.
What’s one piece of advice you’d give to a woman starting out in the fashion industry, especially regarding intellectual property?
I’d say, start by educating yourself on the basics of intellectual property. Make sure your designs and business name are protected from the get-go. Registering your trademarks and copyrights early is key, and don’t underestimate the importance of having solid contracts in place to safeguard your work and any collaborations. It’s all about setting a strong foundation from the start.
How can young people prepare themselves for careers that bridge creativity and law?
They should definitely invest time in understanding both fields. Whether that’s through formal education or internships, gaining hands-on experience is invaluable. Also, don’t underestimate the power of mentorship—learning from professionals in both the fashion and legal sectors can provide amazing insights. And always stay updated on trends, especially in areas like intellectual property law and creative industries. That knowledge will keep you ahead of the curve.
What’s your vision for the Fashion Law Institute in the next five to ten years?
Over the next five to ten years, I see the Fashion Law Institute becoming the leading hub for fashion law in Africa, sparking real change through policy advocacy, education, and innovation. Our goal is to support 50,000 creatives across the continent, collaborating with governments to strengthen intellectual property laws and create policies that help fashion businesses thrive. We’re also working on launching a research center that will influence global discussions on fashion law and sustainability while offering an Afrocentric approach to fashion business. Ultimately, we want to empower African fashion to take its rightful place on the global stag
