STYLE MEETS LAW: INTELLECTUAL PROPERTY IN FASHION INDUSTRY
THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-19 ISSUE NO:- 19 , JUNUAR 01, 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com AUTHORED BY :- P. KOUSHIKA STYLE MEETS LAW: INTELLECTUAL PROPERTY IN FASHION INDUSTRY ABSTRACT The fashion business is always reinventing itself by creating new trends and designs for each season. Everyone wants to be up to date with the latest fashions and be “in” with the trend. There is a high cost associated with keeping up with fashion. The conundrum is that while everyone aspires to be stylish, not everyone can afford it. Because of this, many turn to unethical methods to obtain what they desire. Creating an illegal industry that takes advantage of the circumstances and offers cheap, mass counterfeit imitations of apparel and accessories, making “fashion” accessible to everyone. When their work is widely imitated without their consent and fake goods are offered at lower prices, the fashion industry and designers, who rely on originality and fine skill to create one-of-a-kind and exclusive products, are reduced to rubble. The fashion business places a high value on intellectual property, which should be safeguarded. Additionally, an atmosphere that allows designers to work without worrying about infringement or counterfeiting must be established. The parallel fashion black market, which is nearly as large as the fashion industry itself, is rife with cheap replicas, rip-offs, and duplication. This kills the designers’ creativity and associated elements of fashion and design. By defending the rights of these innovative designers, intellectual property rights aim to close this gap. This paper compares the Indian intellectual property regime, which depends on a combination of design, patent, and copyright protection for the designers, to the Western regime, along with the various procedural protections offered by the two regimes, with the common goal of protecting the creativity of the fashion designers. It aims to explore how intellectual property helps protect the rights of designers, design houses, and brands in the fashion industry from the evils of counterfeiting, copying, duplication, and unauthorised use of their work. KEYWORDS : Fashion Industry, Intellectual property, Counterfeiting INTRODUCTION Everyone wants to be up to date with “fashion,” which never goes out of style. Every generation or season brings about a rapid change in fashion, with some styles becoming timeless while others become vintage. Therefore, Designers and design firms must always adapt to the times and be the first to release their innovative works in order to become well-known, popular, and commercially advantageous. The main source of competition is the inventiveness of unique creative expressions, which necessitates safeguarding their original work against duplication, copying, and theft without consent. The fashion sector is growing quickly on a global scale, with a projected market valuation of over $2.25 trillion by 2025. Therefore, it is necessary to protect these designers’ creations. Intellectual property law enters the scene and shields these designers’ creations, inventions, and designs from imitation, copying, and market piracy that deceives consumers. Fashion design is a kind of art that calls for the development of a sharp eye and creative thought in order to create apparel and lifestyles. Versace’s Medusa motif, Dr. Martens boots, Sabyasachi’s Bridal Collection, and Chanel’s No. 5 perfume are a few of the most well-known Products of applied intellectual creativity and skill. WIPO defines Intellectual property (IP) as the “creations of mind, such as inventions; literary and artistic works; designs and symbols, names and images used in commerce”. Intellectual Property Laws are a body of legislation that establishes rights and offers protection and enforcement for an inventor’s or creator’s legal rights over his or her fresh or original invention, creative and artistic work, or designs. These shield the original author from copying and infringement. Fashion design is an art form that requires No one can ever dispute the significant contribution that intellectual capital provides to the creation and marketing of products in the fashion industry, whether they are ready-to-wear or high fashion. The fashion industry is heavily dependent on IP that consistently generates and commercially exploits innovative concepts.To safeguard a billion-dollar business that depends on creativity and passion, intellectual property law is essential. The fashion business may only truly thrive if inventors and artists who have produced their work with passion and originality are granted protection. In order to protect fashion designers, fashion houses, and boutique fashion businesses from the harmful practices of imitation, duplication, and piracy, this article aims to investigate the role that intellectual property law plays in the fashion sector. Examining the necessity of intellectual property laws and how they safeguard fashion creations. The relevance of several IP law types in the fashion industry is specifically highlighted in this article. Along with current case-laws from the Indian perspective and outlining the difficulties encountered, it emphasizes how they prevent piracy of the work of various designers and design houses. The article does additional research to obtain a worldwide perspective on the trends from the viewpoints of the US and Europe. Concluding with a review of the regulations’ expansion, protection, and potential advantages for the fashion sector. WHO BENEFITS FROM LEGAL PROTECTION IN FASHION INDUSTRY? A multibillion-dollar global corporation, the fashion industry is engaged in the production and selling clothing. Having more than a million employees globally, it includes the conceptualisation, design, and production of clothing and accessories for men, women, and kids from many ethnic backgrounds and cultures, as well as the eventual sale, marketing, and promotion of these products. From couture ball gowns and caps to pyjamas and socks, it offers the most costly and unique customized haute couture and designer clothes in addition to everyday, lounge attire. The Fashion Industry consists of four-tier system which include mainly: Production of raw materials, such as