Who doesn’t like fashion!? Especially in this era of the growing fashion sector around the globe, where trends how swiftly and happily just change every day! where everyone wants to equally happily adapt to these changing trends. Budget constraints? Financial crunches?? Not to worry! Just make a dupe and Fit In the trending world! Sabyasachi or Chandni Chowk’s dupe Sabyasachi, that too in your BUDGET ? the same design though !..?? Manish Malhotra or your local mohalla designer- the proud seller of the first copy Manish Malhotra? What if Chandni Chowk provides even better and sustainable quality just as you like or even more of such quantity in your rigid budget eh? Who needs expensive designers, if you know that the design vultures are out there, and you know how to collaborate with, and copy with them? So, copy them huh?
Well, what do you think about their and their buyer’s exclusivity with their designs, work and purchases? What if copying and imitating designs and artwork leads you to further legal traps and obligations that are waiting for such design vultures or copycats per se..?
Let’s read in today’s article how these designers and big brands are protecting their exclusivity, originality and uniqueness with Intellectual Property Rights and Developing Fashion Law in our beloved Country, in which the fashion industry is the present biggest growing sector, the most dynamic one and highly competitive too, with its rich cultural heritage and uniqueness of designs India is emerging as a competitor in the Global Fashion Industry, and these rights related to designs, its innovations and creations needs to be protected NOW! And with what else but The Rising Fashion Law!!
Like many other countries that already have their existing Fashion Laws, in India too Intellectual Property Rights (IPR) play a major and significant role in the protection of their brands, designers and their consumer’s exclusivity and legal issues relating to them. Though the legal or regulatory framework related to Fashion & Law is still to grow yet growing in India, there exist certain laws related to Intellectual Property Rights that apply here, like Copyrights, Trademarks and Designs. Read below for an overview of these rights & laws, and how they manage protecting our Fashion Industry and the exclusivity it withholds.
COPYRIGHT ACT, 1957-
https://copyright.gov.in/documents/copyrightrules1957.pdf (click here)
The Copyright Act of 1957 aims to promote creativity and protect the rights of creators in India, it is an Indian legislation that delineates the juridical structure for safeguarding intellectual property rights in India. This law establishes the prerogatives of authors, artists, and other originators of distinctive works, encompassing literary, dramatic, musical, and artistic productions, along with cinematic works and auditory records. The statute accords exclusive privileges to the proprietor of the copyright to replicate, circulate, and execute their creation, inter alia. Additionally, it specifies the temporal span of copyright protection and the repercussions for violating these privileges.
Copyrights can be used in India by its designers for the protection of their original designs. The Copyright Act provides protection to original artistic work, including fashion designs, sketches, and patterns. So, to be eligible for being protected by and under the Copyright Act the design and work must be original. Till the life of the author, and 60 years more the author alone has the rights to reproduce his work, distribute or issue copies of his work or showcase and display his work. No one else is allowed to reproduce, make copies, or display the creator’s work without his knowledge or permission if the creator’s work is registered under the copyright act.
TRADEMARK ACT, 1999-
https://legislative.gov.in/sites/default/files/A1999-47_0.pdf (click here)
The Trademark Act, 1999 is a statutory enactment in India that frames a legal infrastructure for the records and safeguarding of trademarks within the national jurisdiction. Its underlying goal is to forestall the unauthorised employment of trademarks and offer lawful redressal for their infringement. It expounds on the process for the registration of trademarks and the criteria for their entitlement. Furthermore, the law defines the entitlements and obligations of trademark owners and the penalties for non-compliance, so that trademarks are deployed in an equitable and ethical fashion in the commercial arena.
To protect their original and unique designs, designers get their designs, logos, etc. registered under Trademark Act for keeping their exclusivity intact in this growing competitive sector, by getting statutory and legal protection on infringements, imitations, and unauthorized use of the registered trademarks by anyone.
DESIGN ACT, 2000-
https://www.indiacode.nic.in/bitstream/123456789/1917/1/200016.pdf (click here)
The innovation and creation of designs by their designers are protected under the Design Act. According to this, a design can be described as the characteristics of the shape, pattern, configuration, ornament, or composition of colours or lines applied to anything or an article, regardless of whether it is presented in two or three-dimensional formats. On registration of their designs, the designer or creator gets exclusivity of 10 years to use their designs, and nobody can during this period use or imitate these specific registered designs in any unauthorized way, on the use of which an infringement of the laws, the person so accused will have to face the legal actions further. Its fundamental goal is to shield the ownership rights of creators and preclude the unauthorized employment of their designs. The law formulates the mechanism for registration, the prerequisites for admissibility, and the penalties for transgressing to guarantee the security of designers’ interests.
To summarise the conclusion of our article in brief we would say, that Intellectual Property Rights are a vital gauge, playing a pivotal role in heightening the fashion sector in India’s sites, with a shield protecting and preserving the intellect of fashion designers’ thoughts, assisting in their growth and thriving in this sector, fraught with fierce onslaughts. It is a critical measure and plays a crucial role in fostering the expansion of the fashion sector in India by safeguarding and protecting intellectual property, mainly designs and creations of fashion designers of India, and facilitating them in this growing sector and highly competitive era.
CITATIONS:
- The Copyright Act, 1957.
- The Design Act, 2000.
- The Trademark Act, 1999.
YLCC would like to thank Shaurya Chaturvedi for her valuable insights to this article.
