Intellectual Property is a core asset of the fashion industry, in this study the patent and copyrights
often undermined progress. In the recent decade Intellectual Property Rights have been
strengthened further. Designs that are made by fashion designers can be protected by Intellectual
Property Rights. The sketch designs can be registered under copyright act, 1957. Designs can be
well protected under design act under class 02,03,05,10 and 11 of third Schedule of design rule
- A minor breach of IPR can protect a company from a big loss. In this we can add plagiarism
or copying by competitors too that can help us from various cheating. Overall, this abstract
emphasizes the critical role of IPR in fostering creativity, encouraging investment, and sustaining
the growth of the fashion industry.There are five types of IPR in India: Patent, Trademark,
copyright, industrial design, geographical indication. In some regions plant variety rights, trade
secrets, trade dress can also be added.
Keywords: Intellectual Property Rights, Copyright, Patent, Trademark. Fashion Industry,
Designs.
INTRODUCTION
Thousands of designs, sketches, fashion, dress accessories are created daily. There are high chances
that these works can be copied easily and someone else can take the credit for them. It takes a lot of
talent, time, energy and resources to come up with creative, new ideas or products. For example a
fashion design company has to spend years and crores of rupees to come up with a commercial
designs models stage and shows. It stands to lose money if someone cheaply reproduces the
product (designs, sketches, models, song, presentation) and sells it for the cheap price.it not only
brings losses to the designs company but it also acts as a disincentive to others who may come up
with new innovative ideas. Intellectual Property Rights (copyright, patent, trademark) is important
because once you get copyright for your work, others cannot use it before your permission. Record
of ownership: once you are registered you gain ownership. No one can misuse any other persons
work. And if using there work then due credit must be given the writer.
Intellectual Property Rights, including copyrights, patent, and trademark protections, serve as vital
safeguards for creators and innovators across various industries. By granting exclusive rights to
creators, these legal frameworks not only protect their creative endevors but also incentivize
further innovation and investment.
For instance, copyright protection ensures that creators of original works, such as fashion designs,
sketches, and presentations, have control over how their creations are used and distributed. This
control extends to reproduction, distribution, adaptation, and public display, thereby safeguarding
their economic interests and creative integrity.
Moreover, obtaining copyright, patent, or trademark registration provides creators with a tangible
record of ownership, offering legal recourse in cases of infringement. This record serves as
indisputable evidence of ownership, facilitating legal proceedings and protecting against
unauthorized use or reproduction of their intellectual property.
Furthermore, the enforcement of IPR encourages investment in research and development by
providing creators and innovators with a competitive advantage in the market place. Knowing that
their intellectual property is safeguarded, companies are more likely to invest time, resources, and
capital into developing new and innovative products, designs, and technologies, driving economic
growth and fostering a culture of innovation.
In essence, Intellectual Property Rights are essential for fostering creativity, protecting the interest
of creators and innovators, promoting economic growth, and encouraging continued innovation
across various industries.
RESEARCH METHODOLOGY.
The research paper titled “Intellectual Property Rights in the Fashion Industry” is taken from
secondary sources of information like journals, websites, magazines.
REVIEW OF LITERATURE
Intellectual Property Rights giving fashion designers the legal authority to take action against
infringement. In this era the Indian fashion industry is booming across the entire world. Every
year the fashion industry creates new clothes, garments and ideas. From Intellectual Property
Rights they can save their ideas from being copied. They invest huge amounts of money to
make their products. Intellectual Property Rights (IPR) play a pivotal role in safeguarding the
creative endeavors of fashion designers in the burgeoning Indian fashion industry, granting
them the legal authority to combat infringement. As the industry continues to flourish on a
global scale, with innovative designs and concepts emerging annually, the significance of IPRs
cannot be overstated. Fashion designers invest substantial resources, both financial and
creative in developing their products, making it imperative to protect their products, making it
imperative to protect their intellectual property from unauthorized reproduction. By leveraging
IPRs, designers can not only preserve the integrity of their creations but also ensure a fair
market place where originality is rewarded. This legal frame work serves as a corner stone in
nurturing creativity and innovation within the Indian fashion landscape, posturing an
environment conducive to sustainable growth and prosperity.
FASHION INDUSTRY AND LAW
In today’s world plagiarism or piracy is the most common thing. When someone creates their
design or work it can be copied by other people easily. Contacts from another critical aspect of the
legal framework governing the fashion industry. From agreements between designers and
manufacturers to distribution contracts with retailers, clear and enforceable contractual
arrangements are essential for defining rights, obligations, and expectations among parties
involved in the fashion supply chain.
Additionally, employment law issues such as fair labor practices, workplace safety, and anti-
discrimination regulation are of paramount importance, particularly in the context of global
fashion production where labor conditions can very significantly. Absolutely, intellectual
property rights play a crucial role in protecting the creativity and originality of designs in the
fashion industry. The Design Act, 2000, is the particularly significant as it provides legal
protection for the unique aesthetic aspects of a design. The Indian Copyright Act of 1987
safeguards original artistic and literary works, which can include fashion sketches, patterns, and
even fashion photography. The Trademark Act of 1999 is essential for brand registration, ensuring
that consumers can identify and trust the origin of fashion products. Additionally, the
Geographical Indication Act of 1999 is vital for preserving the reputation and equality associated
with fashion items originating from specific regions, highlighting the cultural and artisanal
significance of fashion production. Together, these laws establish a framework for fostering
innovation, creativity, and fair competition within the fashion industry.
FASHION INDUSTRY AND COPYRIGHT
The fashion industry and copyright law have a complex relationship. Unlike other creative fields
like music or literature, fashion designs themselves are not typically protected by copyright law in
many jurisdictions. However, elements like logos, prints, and fabric patterns can be protected.
Some designers rely on trademarks, trade dress, and design patents to safeguard their creations.
Additionally, there’s ongoing debate about extending copyright protecting to fashion designs.
Certainly! In the fashion industry, copyright primarily protected original prints, patterns, and
logos rather than the designs of the garments themselves. This means that while a specific dress or
pair of shoes can’t be copyrighted, the unique fabric design or brand logo on them can be.
Designers often use trademarks to protect their brands identity and trade dress to safeguard the
distinctive visual appearance of their products. Additionally, some countries offer limited
protection for fashion designs through design patents, which cover the ornamental aspects of a
functional item. However, there’s ongoing debate about the scope and duration of copyright
protection in the fashion industry, with some arguing for more extensive coverage to encourage
innovation and investment, while others advocates for maintaining a balance to foster competition
and consumer choice.
FASHION INDUSTRY AND TRADEMARK
The fashion industry relies heavily on trademarks to protect brand identity and prevent
counterfeiting. Trademarks can include logos, brand names, and even specific designs or patterns
associated with a particular fashion house. Certainly! Trademarks in the fashion industry serve
multiple purposes. They not only protect the intellectual property of fashion brands but also help
consumers identify and distinguish between different products and their origins. They
representing the reputation, quality, and style associated with a particular brand. By registering
trademarks, fashion companies can legally protect their intellectual property rights, enabling them
to take legal action against counterfeiters and unauthorized users. This not only safeguards the
brand’s integrity but also fosters consumer trust and loyalty, which are crucial in the competitive
fashion market.
FASHION INDUSTRY AND PATENT
The fashion industry doesn’t typically rely on patents as much as other industries like technology
and pharmaceuticals. Instead, it often relies on trademarks and copyrights to protect designs and
brand identity. However, there have been some instances where fashion companies have pursued
patents for innovative garments construction techniques or material.
Certainly! While patents aren’t as common in the fashion industry, they do play a role in
protecting certain aspects of fashion innovation. For example, companies may seek patents for
novel fabric compositions, unique manufacturing processes, or inventive garments designs.
However, the fast paced nature of fashion and the challenges of enforcing patents in a creative
field often mean that trademarks and copyrights are favored for protecting brand names, logos,
and original designs.
FASHION INDUSTRY AND GEOGRAPHICAL INDICATION (GI)
While GI is commonly associated with agricultural products like wine and cheese, it’s also
increasingly relevant in the fashion industry. For example, certain regions are known for specific
textile techniques or craftsmanship, and GI can help protect and promote these unique aspects of
fashion production.
Certainly! In the fashion industry, geographical indication can play a crucial role in preserving
cultural heritage, promoting sustainable practices, and fostering economic development in specific
region. By recognizing and protecting the unique qualities of textiles, clothing, and accessories
originating from certain areas, GI can help prevent imitation and ensure that consumers are
getting authentic products. Moreover, it can also enhance the value of products by associating
them with the reputation and quality standards of their place of origin, thus benefiting both
producers and consumers alike. Additionally, GI can facilitate trade by providing a recognizable
label of authenticity and quality assurance, which is especially important in a global market where
consumers increasingly seek transparency and authenticity in their purchase.
LATEST TRENDS AND CONTROVERSIAL ISSUES IN IPR IN THE
FASHION INDUSTRY:
Latest Trends:
- Technology Integration: Fashion brands are leveraging technologies like blockchain to
create secure systems for tracking and authentication products, helping to combat the
proliferation of counterfeit goods. - Sustainable Practices: There’s growing emphasis on sustainability in the fashion
industry, with brands focusing on eco- friendly materials and productions
methods, this trend extends to intellectual property rights, as companies seek to
protect their innovations while also promoting transparency and ethical practices.
CONTOVERSIAL ISSUES:
- Cultural Appropriation: There’s ongoing debate surrounding the appropriation of cultural
designs by fashion brands, particularly when they fail to acknowledge or respect the origins of
these designs. - Copyright Protection: Fashion items often face challenges in terms of copyright protection, as
laws may not adequately cover certain aspects of design, such as functional elements or
common motifs. This can lead to disputes over originality and ownership. - Fast Fashion and Copycats: The rise of fast fashion has led to concerns about the speed at
which designs are replicated and commodified, raising questions about the enforcement of
intellectual property rights and the impact on original designers and smaller brands. - These trends and issues continue to shape the landscape of intellectual property rights in the
fashion industry, influencing how brands innovates, protect their creations, and navigate
ethical considerations.
CASE LAWS IN IPR IN FASHION INDUSTRY:
In the fashion industry, several landmark case laws have shaped IPR protection. Some notable and
famous cases include:
- Christain Louboutin V. Yves Ssint Laurent: This case revolved around the trademark
protection of Loubotin’s signature red-solved shoes. The court ruled in favor of Louboutin,
establishing that the red sole was a valid trademark as long as it contrasted with the rest of the shoe. - Gucci America Inc. v. Guess? Inc.: This case dealt with trademark infringement and
counterfeiting. Gucci accused Guess of copying its designs and logos. The court ruled in favor of
Gucci, awarding damages for trademark infringmemt. - Louis Vuitton Malletier v. Haute Diggity Dog, LLC: This case focused on trademark dilution and
parody. Louis Vuitton sued Haute Diggity Dog over a dog toy that resembled a Louis Vuitton
handbag. The court ruled in favor of Louis Vuitton, finding that the toy created a likelihood or
dilution of its famous mark.
- H&M v. Forever 21: This case involved copyright infringement allegations by H&M against
Forever 21 for copying a bikini design. The lawsuit highlighted the importance of design protection
in fast fashion and the challenges of enforcing intellectual property rights in a global marketplace. - Kieselstein-Cord v. Accessories by Pearl,Inc.: This case addressed the protection of jewelry
designs under copyright law. It established that jewelry designs can be protected as works of art if
they possess originality and creativity, setting a precedent for the protection of fashion accessories
beyond clothing. - Star Athletica, L.L.C. v. Varsity Brands, Inc.: This case focused on copyright protection for
designs incorporated into useful article is protectable under copyright law, providing guidance for
the fashion industry on what elements of clothing designs are eligible for copyright protection.
IMPORTANT FASHION LAW JUDGMENTS IN INDIA:
- Bata India Ltd. v. Pyramid Saimira Theatre Ltd.: This case addressed the protection of
a famous trademark, ‘‘BATA,’’ against unauthorized use by another company, illustrating
the importance of trademark enforcement in the fashion sector. - Ritika Private Limited v. Biba Apparels Private Limited: In this case Ritika said that
Biba had infringed her copyright when it used Ritu Kumar’s designs as a model for its
prodcuts and then produced garments based on those designs. Ritika’s designs were not
recognized as registered under the Design Act. The court decided that Ritika’s copyright in
the aforementioned works had expired. - Microfibers v. Girdghar & Co. (2006): In this case two businessman were involved in the
production and distribution of upholstery fabrics featuring unique and artistic designs. The
court argued that first person’s drawings qualify for design protection rather than copyright
since they were intended for commercial use. There were so many arguments and responses
came.
These cases highlight the importance of protecting intellectual property in the fashion industry and
the legal mechanism available to designers and brands. These cases illustrate the ongoing legal
battles and evolving interpretation of IPR within the fashion industry., emphasizing the need for
designers and brands to proactively protect their creations and enforces their rights against
infringement.
SUGGESTIONS
We can say registering a fashion company or designs may help the owner to protect their work. In
today’s world it is a must to register their work, product or brand. The process of the registration
is a bit expensive and takes a long time sometimes, but it’s worthwhile. There are so many acts,
lawsuits for the work. So owners can take legal action if someone wants to copy their work.
Intellectual Property Rights is the future of India and our generation and it can stop plagiarism
and illegal activities like piracy.
IPR are crucial in the fashion industry to protect designs, brands, and innovations. Here are some
suggestions:
- Trademark Protection: Register trademarks for brand names, logos, and unique design
elements to prevent others from using similar marks. - Design Patent: Obtain design patents for unique or ornamental designs to prevent others
from copying them. - Copyrights: Copyright original fashion designs, patents, and artwork to prevent
unauthorized reproduction. - Trade Dress Protection: Protect the distinctive appearance of products or packing that
identify and distinguish your brand. - Non Disclosure Agreement (NDAs): Use NDAs when sharing confidential information
with suppliers, manufactures, or collaborators to prevent them from using or disclosing
your designs without permission. - Licensing Agreements: Consider licensing agreements to allow others to use your designs
or trademarks in exchange for royalties, while retaining control over how they are used. - Monitoring and Enforcement: Regularly monitor the market for infringement and take legal
action against violators to protect your intellectual property rights. - Customs Recordation: Record your trademarks and copyrights with customs authorities to
prevent counterfeit goods from being imported or exported. - Educating Employees: Educate employees about the importance of intellectual property
rights and establish policies and procedures to prevent infringement. - International Protection: Consider obtaining intellectual property protection in key
international markets where you conduct business or where infringement is prevalent.
CONCLUSION:
The conclusion for intellectual property rights (IPR) in the fashion industry emphasizes the
importance of protecting creativity and innovation. By safeguarding trademarks, copyrights, amd
patents, designs and prevent unauthorized copying or counterfeiting. However, balancing
protection with accessibility and encouraging fair use is crucial for fostering a dynamic and
competitive fashion market. Strengthening IPR enforcement mechanism and promoting education
on legal rights can further support the sustainable growth of the industry while respecting
intellectual property rights. IPR play a pivotal role in the fashion industry, serving as the
cornerstone for protecting the creative endeavors of designers and brands. By securing
trademarks, copyrights, and the patents, fashion houses can safeguard their unique designs, brand
identities, and technological innovations from unauthorized replication and infringement. This is
not only preserve the integrity of the industry but also incentivizes continued creativity and
investment in new ideas.
However, the management of IPR in the fashion industry is a delicate balance. While robust
protection is necessary to foster innovation and maintain market competitiveness, overly stringent
enforcement can stifle creativity and limit consumer access to diverse design options. Therefore, it
is essential to strike a balance between protection and accessibility, ensuring that their legitimate
designers are rewarded for their ingenuity whilr allowing for fair competition and the free
exchange of ideas.
Name: Pooja Narwani
College Name : Dr. Bhimrao Ambedakar Law University, Jaipur.