The creative labour of the human mind is what is known as intellectual
property. The first objective for its security is to promote the improvement of
expression, writing, and truly remarkable creative works as well as to enable
and reimburse capacity. One of the industries that are setting trends and
advancing across all age groups globally is fashion.
As other industries advanced and aided in the promotion of fashion around the
world, the relationship between intellectual property rights and the fashion
industry continues to develop in a flexible way. The way IPR and fashion
technology are joined is totally extraordinary. This article aims at pointing
out the significance of IPR in the domain of the fashion industry.
Introduction
India's fashion industry has a rich history dating back thousands of years, as
well as understanding that the fashion of stitched clothing has been popular
there since antiquity[1].
With advancements made abroad, India's garment and accessories market is
expanding quickly in the modern period. The proliferation of homegrown
designers, some of whom have recently received acclaim on a global scale, has
been a major factor in the fashion industry's rapid growth in India during the
past ten years. The textile industry is the leading segment in this regard
making India the second-highest exporter of textiles in the world.
The value of fashionable items to fashion businesses is billion dollars, which
is why they want to safeguard their brand equity in order to maximise their
profits in the future. However, there is always a risk of misappropriation when
names and tags are used by different manufacturers and vendors in a nation[2].
This results in the manufacturing of duplicate or fraudulent goods and services
and the exploitation of expensive and exclusive brand names for their marketing
and sale. Such actions with bad motives and inaccurate descriptions lead to
violations and damage the reputation of particular brands and constitute
mismanagement. Therefore, brands are very conscious about their reputation in
the market
Relevancy Of IPR In The Fashion Industry
IPR and fashion go hand in hand in any scenario[3]. IPR contends that human
intellect is what gives rise to human invention, including fashion. Through
conceptual fashion shows and clothing collections, fashion designers and artists
demonstrate their artistic talent. In several nations, design acts are used to
protect designs or patterns that are embroidered or printed on textiles.
More specifically, designs that incorporate two- or three-dimensional shapes,
patterns, ornamentation, or colour combinations are protected in India under the
Design Act, 2000 this design act can be used to protect a design, preventing
unauthorised parties from producing fake clothing and using it for commercial
gain without the designer's consent[4].
Relevancy Of Copyright:
The apparel sector is crucial to copyrights as well. An "original artistic work"
may be protected by an artist in India under copyright law if it has been
expressed in a tangible medium for more than 60 years[5]. However, it is
pertinent to note that if an artistic work is already protected under the
designs act, it cannot be protected under the copyright act. The fashion
industry has witnessed several technological advancements over the years.
The introduction of novel manufacturing techniques, such as software-based
design tools, 3D printing techniques, laser printing techniques, equipment to
support large-scale textile manufacturing, and business models based on
software, has fueled innovation in the fashion sector over the years. Such
innovations enhance the distinctiveness and reputation of a specific brand.
Additionally, a few of companies have used the trade secret designation to
legally safeguard their innovations or business processes.
Relevancy Of Design
Designs are essential to the fashion industry. Under section 2(d) of the design
act of 2000[6] in India, the term "designs" is defined as features of shape,
configuration, pattern, ornament, or composition of lines or colours applied to
any object by any industrial technique or means. Any article that is either
two-dimensional or three-dimensional may use a design under the provisions of
this section.
Therefore, the designs act guarantees the protection or registration of textile
designs that may be purely aesthetic in nature. It is important to remember
that, unlike copyright protection, the act only permits the protection of
designs if they are registered.
Relevancy Of Patents
It's interesting to note that current fashion industry advancements have
attempted to combine technology with fashion. Patents typically and generally
protect technical innovations that are truly new, novel in character, and
unusual creation. Therefore, when thinking about fashion technology and the
fashion sector, the patent is not an IP tool that would come to someone's mind
so easily.
Technical advancements are still one way to give the textile manufacturer a
competitive edge and due to this makes patents are relevant in this sector. The
awarding of patents for fashion technology is subject to some substantive and
administrative problems. It is restricted to fresh designs that must be
innovative and non-obvious, which is rather difficult to show.
Relevancy Of Trademark
The fashion sector relies heavily on trademarks. Trademark rules may in some
cases restrict unauthorized parties from producing fake goods and knockoffs. An
apparel company's brand equity can be greatly enhanced by trade marking a word,
symbol, pattern, or colour scheme that is unique to it. Through the efficient
implementation of existing trademark laws, businesses may bring legal action
against parties who may have exploited similar marks for commercial purposes.
Conclusion
The Indian fashion industry is expanding across continents like it has done
throughout time[7].
Every season, the fashion industry makes sizable investments to provide
innovative and new looks. Despite this substantial expenditure, fashion
designers are hesitant to safeguard their intellectual property. However, a
common justification for not registering fashion designs is that the brief
product life cycle-often no more than one season lasting between six and twelve
months-does not warrant the considerable time and money involved.
Each situation calls for a different analysis of the justifications for
registering a new design. The act of registering a design should help to combat
dishonest competitors who attempt to replicate it. Additionally, at least
initially, design protection is not often a significant cost burden. The easiest
strategy to stop others from copying the design of fashion items with a long
shelf life may be protected with the help of IP[8].
The fashion industry is driven by creativity and by the intellectual capital
invested in it. Protecting that intellectual capital in the form of IP assets
serves to boost income through the sale, licensing, and commercialization of
differentiated new products, improve market share, raise profit margins, and
reduce the risk of trampling over the IP rights of others. An organization's
value in the eyes of investors and financing institutions can be increased
through the effective management of IP assets in a business or marketing plan.
End-Notes:
- Vaishali Chopra, Honey Verma/ Role Of Intellectual Property In Fashion
Industry: An Analysis/ Volume III Issue I/Lexkhoj
- Ardhendu Sekhar Nanda, Shikha Behera/ IP Rights and Fashion Technology -
Comparative Analysis in Fields and Continents/ Volume 2, Issue 2/ IJLMH
- Baskaranlegal.com/ http://baskaranslegal.com/blog/2020/07/06/fashion-industry-and-ipr-dilemma/
Sept,7, 2022
- Indiafilings.com/ https://www.indiafilings.com/learn/what-is-registered-design/
Sept 7, 2022.
- Lexforti.com/ https://lexforti.com/legal-news/role-of-intellectual-property-in-the-fashion-industry/
Sept 7, 2022
- The Design Act, 2000/ section2(d)/ Act No. 16 of 2000/ India
- Vaishali Chopra, Honey Verma/ Role Of Intellectual Property In Fashion
Industry: An Analysis/ Volume III Issue I/Lexkhoj
- Altacit.com/ https://www.altacit.com/ip-management/ipr-in-fashion-industry/
Sept,7,2022.
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