“ Fashion is the armor to survive the reality of everyday life”
- Bill Cunningham
ABSTRACT:
The field of law known as “fashion law” examines a wide range of topics pertinent to the fashion industry, such as financial and commercial matters, intellectual property law, international trade, employment law, and company law. This research paper intends to present an account of the difficulties and major issues in fashion laws and to investigate how they affect the various genres of people involved in the sector, including the retailers, designers, manufacturers, customers, and regulators. Additionally, the study will give an outline of the problems and key issues in fashion laws. This paper will discuss not only the most recent fashion trends but also those that are on the horizon as well as the most recent developments in fashion legislation. This paper will contribute to the body of knowledge and research already available, as well as provide analysis and suggestions for the fashion industry and the legal profession.
KEYWORDS:
Fashion laws, Intellectual property, Trademark, Copy right, law, rights, industry
INTRODUCTION:
In India, there has been a rise in interest in the relatively young topic of law known as Fashion Law. Even if there may not be a single regulation that confronts the issue head-on, the varied nature of the fashion industry in India has undoubtedly piqued the interest of the nation’s legal professionals. Even before the word “industry” had entered the economic lexicon of the globe, India had a flourishing fashion company that stretches back millennia. This business can be traced back to the time when India was a part of the Indus Valley Civilization. The economic liberalisation that occurred in the early 1990s brought much-needed international investment to the sector. This exposed the Indian population to global fashion trends, and it caused the rest of the world to take notice of the diversity in Indian fashion designs, which had been stagnant since India’s independence. The term “Fashion Law” refers to the intersection of several distinct subfields of the legal profession, the most important of which is probably intellectual property law. These subfields include, but are not limited to, contract law, employment law, consumer protection law, and consumer protection law. A fierce debate is still going on in the fashion industry over where the line should be drawn between creative inspiration and outright stealing. In such a contentious setting, having a solid understanding of the rules that protect the many entities within the industry from acts of piracy as well as from accusations of piracy is absolutely essential. The regulations governing the fashion industry in India are not without their flaws, and they are by no means ideal. The opinions of those involved in the growth of the fashion industry will be used to implement new regulations and update current ones. These decisions will be based on the opinions of those involved in the fashion industry’s development.
RESEARCH METHODOLOGY :
This investigation is descriptive in nature, and it relies on secondary sources to provide an in-depth analysis of the ways in which the fashion industry and the judicial system in India interact with one another in India. Throughout the course of this investigation, secondary sources, such as books, journals, and a significant number of websites, were combed through.
LEGAL PROVISIONS:
One of the most visible organisations in India lobbying for stronger and more comprehensive design laws is the Design Council of India (FDCI). To ensure the sustainable growth of India’s fashion sector, the government of India established the Fashion Design Council of India (FDCI), a non-profit organisation. It plays host to a variety of important events, including India Fashion Week twice a year and India Couture Week once a year. To strengthen the fashion industry in India and to promote sustainable fashion both nationally and internationally, the Council works in tandem with the Indian government’s Textile Ministry and Commerce & sector Ministry to host events and launch programmes.
The key statutes in India that regulate and protect intellectual property rights in the fashion industry are the Copyright Act of 1957, the Designs Act of 2000, the Geographical Indication Act of Goods Act of 1999, and the Trademark Act of 1999. One could assume that such a system exists given the prevalence of rules meant to protect designs. Inconsistent links between these Acts can also lead to confusing scenarios and even legal loopholes. Therefore, in order to grasp how to protect fashion designs, it is vital to comprehend these restrictions both individually and in conjunction with one another.
To begin, Section 15 of the Copyright Act, 1957 lays forth two crucial provisions concerning the copyright of designs that are eligible for registration under the Designs Act:
In order to receive protection under either the Copyright Act or the Designs Act, the design must either be an original work of art or it must be registered. If the product has not been registered under the Designs Act, all legal disputes will be settled using the Copyright Act.
Design registration under the Designs Act is not required if the Copyright Act protection for the design expires because the owner or a licensee of the design has reproduced it more than fifty times through an industrial process.
When trying to understand why it is so difficult to utilise the Copyright Act as a substitute for the Designs Act, the second sentence is key. Using the Copyright Act alone to stop other manufacturers from copying your design has some serious limits, as the plaintiff in Ritika Private Limited v. Biba Apparels Private Limited discovered. Copyright privileges are lost and the design becomes freely available for re-use by other manufacturers if the copyright owner reproduces the stated design industrially more than fifty times, as would be expected of a fashion brand. Ritika Private Limited, the plaintiff in this case, filed a complaint against Biba Apparels, the defendant, alleging that Biba had copied some of Ritika’s designs without permission. Since the plaintiff had copied the design more than fifty times without first registering it under the Designs Act, the court agreed with the defendants. In a similar case where the design at issue had not been registered under the Designs Act but had been duplicated fewer than fifty times, the court sided with the plaintiff.
A “design” is defined under the Designs Act as “only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means,” with a few exceptions. One of the most important is that a “design” does not include a trademark or creative work as defined by subclause (c) of Section 2 of the Copyright Act. Designs that are also trademarks are not protected under the Designs Act, and trademarks that are not protected under the Designs Act are not protected under the Trademarks Act.
Designs that do any of the following are also illegal under the Designs Act:
includes anything that may be considered scandalous or obscene; is not new or original; has been publicly disclosed anywhere in the world before the filing date; is not identifiable from existing designs or combinations of known designs.
Ten years from the registration date are allotted to the creator to exercise copyright in the registered design, with a second extension of up to five years conceivable.
The court in Ritika v. Biba explained that while copyright assists in safeguarding the original expression of the “artistic work” and affords limited protection to the commercial exploitation of the same, the Designs Act is primarily utilised to protect the industrial use of the design.
The Designs Act, it would seem from this information, is one of the regulations in India that best safeguards the interests of the fashion sector there. From a monetary standpoint, the Designs Act is better than the Copyright Act when it comes to protecting a commercial fashion design. However, there are a few problems with the Designs Act. The Act’s requirements for registering designs can be lengthy and onerous, slowing a sector that often produces innovative concepts at a dizzying rate. The time it takes to register a design may exceed the lifespan of the product, especially if it’s an article of clothing that quickly becomes outdated. The fashion sector may experience financial and time-consuming difficulties as a result.
The last common method of protecting products based on their origin is through Geographical Indications. In the fashion industry, this term is most often used to describe hand-woven textiles such as the Kandangi Saree from Tamil Nadu, the Kullu Shawl from Assam, the Mysore Silk from India, etc. The purpose of this law is to prevent businesses from stealing the creative works of indigenous people. For instance, the world-famous Chanderi sarees are only produced in the town of Chanderi in Madhya Pradesh, thus a designer in Punjab would be dishonest if they claimed to produce them. By combining the protection afforded by Geographical Indications with that of equivalent rules in other countries, these products can be sold with confidence across borders. There are, however, worries about counterfeit clothing. While major fashion houses may have the resources to protect the intellectual property of their products, small labels and artists often do not. Because of their lack of familiarity with the legal principles, large fashion houses frequently bully local and indigenous designers, who either have their ideas stolen and commercialised by the companies themselves or are forced to sell their artistic designs to the companies at a steep discount. Another issue to think about is the proliferation of “first copies,” as they are called in Indian street fashion. Many shops in crowded cities sell imitations of well-known brands. It’s difficult to go after those selling original copies in court because there are so many of them on the market.
LITERATURE REVIEW:
- “Fashion, Sumptuary Laws, and Business” written by Herman Freudenberger[1]
In this article it is written that the interaction that exists between fashion, sumptuary restrictions, and commercial activity has had a considerable impact on the course that history has taken. Over the course of history, regulations on what people are allowed and not allowed to wear have shifted to reflect altering social mores, shifting economic objectives, and shifting cultural currents. Even while sumptuary laws no longer have the same level of influence in modern society, they have still left an indelible effect on the fashion industry and continue to be a factor in debates over issues of ethics, sustainability, and consumer rights. An comprehension of this complex relationship is necessary in order to completely comprehend the multifaceted nature of fashion as well as the business relevance of the industry.
- “The Law, Culture, and Economics of Fashion” written by C. Scott Hemphill, Jeannie Suk[2]
In this article it is highlighted that the fashion industry is characterised by a landscape that is both dynamic and intricate due to the junction of law, culture, and economics. Fashion trends not only replicate but also help to shape the values that are currently prevalent in a culture. There will be significant repercussions for both international trade and jobs. When conducting business, the fashion industry is required to take a number of legal considerations into account, some of which include intellectual property, environmental issues, and consumer protection. To succeed in the competitive world of fashion in the twenty-first century, which faces obstacles on the cultural, economic, and legal fronts, it is essential to have a solid awareness of the interrelationships between the various aspects of the industry.
- “The Domino Effect: How Inadequate Intellectual Property Rights in the Fashion Industry Affect Global Sustainability” written by Cassandra Elrod[3]
The fashion industry’s inadequate protection of intellectual property has a domino effect on the level of global sustainability that can be achieved. The delayed adoption of sustainable practises in the fashion industry can be attributed to a variety of factors, including extensive copying and quick fashion, hurdles to innovation, and an overall lack of openness. A concentrated effort is going to be required in order to improve the safeguards for intellectual property in the fashion industry. Strong intellectual property rights can assist the fashion industry in making the transition towards a more sustainable and responsible future, one in which fashion can be a positive force for change rather than a threat to the environment, by providing incentives for creative and innovative manufacturing, as well as for manufacturing that is conducted in an ethical manner.
ANALYSIS:
Laws pertaining to intellectual property rights (IPR), business and corporate law, international trade, consumer protection, employment law, and environmental law all intersect in the specialised field of fashion law. This diversity of factors makes fashion law both interesting and challenging to practise.
The Prospects for Fashion Legislation in India
The importance of fashion law in the modern, ever-changing fashion industry is beyond statement. It ensures that the rights of those involved in the industry will be protected as it grows, which is essential for its success.
Protecting Creative Work and the Right to Use It
India has a lot to gain from the strong enforcement of IP rights in the fashion industry, what with its rich cultural background and unique fashion sense. The main reason for these safeguards is to make sure that original designs don’t get lost over time. The widespread availability of designs online through the internet has contributed to the epidemic of design infringement. Copyright, patents, and trademarks can be confusing legal concepts, but attorneys specialising in fashion can assist designers navigate them. Creative designers are more likely to take risks when they know their ideas will be protected and they will be reimbursed for their time and effort. The Madhubani prints of Bihar and the Ikat patterns of Odisha are two such examples. Without sufficient safeguards, these historic patterns can be stolen and used without their original designers being given credit or compensation.
Facilitating Business Transactions and Streamlining Corporate Governance
Fashion law has a profound effect on contractual arrangements, joint ventures, and other forms of business cooperation. As Indian fashion houses and designers develop abroad, they are increasingly in need of legal representation in order to comply with the myriad of new commercial and corporate requirements they must navigate. Contracts, litigation, regulatory compliance, and other commercial matters are all areas where fashion lawyers can be of assistance. For the purpose of argument, let’s say an Indian fashion label partners with a global retailer to increase their international presence. An attorney specialising in fashion law would be useful in this situation to help structure the deal, explain the legal implications, and ensure compliance.
Managing the Global Currency Markets
The growing global demand for Indian textiles and apparel underscores the importance of being conversant with the rules governing international trade. Fashion law experts in the legal profession can help businesses expand into new markets and comply with international trade regulations.
Internationally renowned fashion designers like Manish Malhotra and Sabyasachi Mukherjee are no strangers to the complex regulatory framework governing international trade. Consulting with a fashion law expert can be useful for a variety of reasons, including the interpretation of laws, the creation of international contracts, and the resolution of disputes.
Challenges Facing India’s Fashion Law Industry
The area of fashion law in India has a lot of potential, but there are a few hurdles that need to be cleared first. Developing fashion law in India is hindered by a lack of specific legislation. While there are rules regarding copyright, trademarks, and designs, there is no overarching legal framework that considers the unique challenges of the fashion sector.
Only really novel and original designs are eligible for protection under the Designs Act of 2000, for example. Despite the fact that many traditional Indian patterns may not meet these criteria, it is important that they be safeguarded from exploitation nonetheless. Another difficulty is that designers, makers, and others in the fashion industry are often uninformed about the laws that govern their profession. Despite the importance of intellectual property laws, contracts, and one’s own legal rights, many people know very little about them. Therefore, they are regularly victimised by exploitative individuals and organisations.
It’s possible, for instance, that many rural Indian artisans are unaware of copyright or trademark registration. Because of this, their traditional designs are at risk of being copied and sold without their permission, costing them money. Future predictions of Indian fashion legislation according to experts. The future of fashion law in India is promising despite these challenges. As the global fashion industry continues to grow at a rapid pace, lawyers with expertise in the field will be in high demand.
To protect their intellectual property, strengthen their negotiating position, and find their footing in the cutthroat global fashion market, designers, craftspeople, and fashion houses may benefit from working with a lawyer who specialises in fashion law. For help with contract drafting, contract revision, dispute resolution, and general legal compliance, they are a valuable resource. A fashion attorney can help a designer who believes their work has been stolen by another business explore their legal options, which may include filing a lawsuit for copyright infringement. They can also inform designers of the need of trademark and design registration to forestall such issues in the future. As India’s fashion sector grows, there will be a greater need for legal experts in the field who can advise policymakers. These experts can steer the development of robust, all-encompassing legal frameworks that will protect and enhance the fashion industry’s interests.
For instance, legal experts in the fashion industry may advocate for new regulations or changes to current ones that address the unique needs of the sector. The necessity of fashion legislation can also be stressed to designers, artisans, and other industry actors.
SUGGESTIONS:
India’s fashion law is plagued by numerous issues, all of which can be mitigated with a comprehensive and collaborative approach. This approach seeks to preserve cultural motifs and promotes non-violent means of resolving conflicts. Proposing new types of laws is another. Furthermore, with the help of governments, business organisations, and attorneys, legislation can be updated to reflect the dynamic nature of the fashion sector. Communication with other nations can help India update its dress code to reflect global standards. Free or low-cost legal clinics provide a critical need in many areas by bridging the gap between those who need help and those who can afford it. India’s growing fashion industry may be better able to contribute to broader sustainability goals as a result of these measures, which will also hopefully encourage an environment that is open to new ideas and the spread of ethical business standards.
CONCLUSION:
In conclusion, fashion law in India is a relatively unexplored territory, fraught as it is with both hopeful future developments and formidable ones that have already been established. Although the subject is still in its infancy, the explosive growth potential it possesses speaks to a future that will be just as vibrant and colourful as India’s fashion industry.
The intersection of India’s fashion sector with the country’s legal system is going to have a big effect on the country’s narrative position in the global fashion industry. The updated and improved framework will protect the right of designers to freely express themselves and promote honest business practises.
The growing number of solicitors who focus their practises on fashion law will have a significant impact on both the expansion and development of the fashion sector in the years to come. These solicitors will, in the manner of a fashion designer meticulously crafting an article of clothing, lay the basis for fashion law in India, so creating a level playing field on which the sector may flourish.
The trip has only just started, but it will conclude in a position where innovation and regulation are in harmony, which will make India’s fashion sector robust, equitable, and globally competitive.
REFERENCES:
- https://www.khuranaandkhurana.com/2021/10/28/demystifying-fashion-law-in-india/
- https://fashionlawjournal.com/
- https://www.legalserviceindia.com/legal/article-2025-fashion-law-and-its-scope-with-reference-to-important-case-laws.html
- https://www.mondaq.com/india/trademark/1126284/demystifying-fashion-law-in-india
- https://blog.ipleaders.in/fashion-and-intellectual-property-laws-in-india/
- https://lexlife.in/2021/04/24/existence-and-scope-of-fashion-law-in-india/
Kashish Vaishnavi
Symbiosis Law School, Hyderabad
[1] Wood Pulp & David C Smith, The President and Fellows of Harvard College Published by : The President and Fellows of Harvard College Linked References Are Available on JSTOR for This Article :, 38 328 (2016).
[2] C. Scott Hemphill & Jeannie Suk, The Law, Culture, and Economics of Fashion, 61 Stanford Law Rev. 1147 (2009).
[3] Cassandra Elrod, The Domino Effect: How Inadequate Intellectual Property Rights in the Fashion Industry Affect Global Sustainability, 24 Indiana J. Glob. Leg. Stud. 575 (2017).