File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Role Of IPR In Fashion Technology: Indian Perspective

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.

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.

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.

  1. Vaishali Chopra, Honey Verma/ Role Of Intellectual Property In Fashion Industry: An Analysis/ Volume III Issue I/Lexkhoj
  2. Ardhendu Sekhar Nanda, Shikha Behera/ IP Rights and Fashion Technology - Comparative Analysis in Fields and Continents/ Volume 2, Issue 2/ IJLMH
  3. Sept,7, 2022
  4. Sept 7, 2022.
  5. Sept 7, 2022
  6. The Design Act, 2000/ section2(d)/ Act No. 16 of 2000/ India
  7. Vaishali Chopra, Honey Verma/ Role Of Intellectual Property In Fashion Industry: An Analysis/ Volume III Issue I/Lexkhoj
  8. Sept,7,2022.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly