Fashion Law and IP- Design protection in India

Introduction

“As fashion walks the ramp of innovation, IP law walks right beside it- defending, empowering, and inspiring every designer’s dream.” With the increasing Knowledge in fashion sector and recent cases related to fashion industry, has led to the focus being driven to the fashion industries. With the development in technology, globalisation, people buying and selling from the other countries, e-commerce, emergence of fast fashion brand, social media trend has led to increase in the competition in fashion industry and also led to many disputes within fashion companies. With this growth IPR (Intellectual Property Rights) has received a wide recognition in India particularly for design protection.

Fashion law and IP law is no more neglected now it becomes a need of an hour for all the designer and entrepreneurs within the fashion industry. This blog explores the importance of IPR in fashion industry and its legal framework.

Fashion Law

Fashion law is a very new legal domain which deals with various legal issues for fashion industries, it includes various fields, IPR (trademark, copyrights, patents), Contract law (as there is various contract and agreements made between designer, supplier and even customer), Consumer protection laws (to protect consumer for any malpractices taking place against them including selling of duplicate product, fake products and misleading advertisement), Labour and employment laws (for protection to workers working in the factories), Digital & data protection (to protect the fashion industry online), E-Commerce law (to protect industry and its trading online), and Internation trade and custom (it include protection of fashion industries from import and export of goods).

With all the law mentioned above, the most important law amongst them all is IPR which deals with protection of intellectual property right for fashion brands to protect their designs and safeguard their creativity, which is the main USP (Unique selling proposition) for the fashion brand and helps the fashion brand to grow and expand its reach.

 

Design Protection

In basic term design protection means to protect the design in every way possible, to protect its uniqueness, visuality. A design is defined as, “Only the feature of shape, configuration, pattern, ornament or composition of line or colours applied to any article by any industrial process or means.” as per Designs Act, 2000.[1]

For registration of the design, the design must be an original and new design, it mustn’t be previously published and must be applied to a product by an industrial process. The design once registered can enjoy its protection for 10 years and can be extended for more 5 years.

 

Why a fashion brand must protect its design

1. The design can be easily copied in the fast fashion brand and brands can also be the victim of fast fashion knockoffs, where the same design is sold at a cheaper price as to that offered by the original brand, to prevent this from happening it is essential to protect design of original creator and brand.

2. Legal protection safeguards the designers and hence provides them recognition and fame which gives them motivation to create new and unique design.

3. Registration in IP helps the brand to grow and adds commercial value in the brand. It also helps in brand building and customer loyalty.

How designs Act, 2000 would help fashion industry

Under designs Act original and new garments, accessories, footwear and textiles can be protected for the period of 10 years which may also extend to more 5 years. A designer, company or an assignee can register for protection of its design.

If any person or any brand tries to copy already protected design than he may be liable for fine not more than 25000, can also be ordered for injunction and seizure of goods.

If one wants to protect design of its company one has to register with online facility in The Design Office, Kolkata.

Cases through which the attention is drawn towards the fashion industry and IP

Case- Christian Louboutin vs Nakul Bajaj (2018)[2]

Louboutin is a French luxury designer which designed a heel using red sole, which was there USP and the product got very famous all over the world an Indian e-commerce site named “darveys.com” was selling the same red sole heel. The French brand sued the Indian site. Where Delhi High Court held that darveys.com is liable and the red sole is a well-known trademark already granted to the Louboutin.

Case- Sabyasachi vs Counterfeit Sellers

Sabyasachi is a well-known designer for bridal wear and sarees in India. Sabyasachi sued all the Instagram stores and online seller for selling fake Sabyasachi products. The Court held that as the brand is protected by IP and trademark registration, they can sue all the online sellers of fake product.

Case- Anuradha Ramam vs Future Retail (FBB)

Anuradha Ramam, Delhi-based designer aligned FBB for copying block print design from her brand. The Court ruled in favour of FBB, that FBB has registered for the trademark before Anuradha and hence the trademark is with FBB, and Anuradha can’t claim for copying of design.

 

The rise of Fashion Law in India

There are various steps taken by the government to help the new brand to protect their unique creation through various IPR, like Startup India and IPR Awareness Program. Legal professionals and even Law school are introducing new subject as fashion law, to protect brand from copying. Various law firms are also introducing IP cells made specially for fashion clients. With increasing growth in brand and globalisation and increase in export, IPR will take a boom and will grow rapidly in the coming years.

 

Conclusion

As there are various online marketplaces emerging for buying and selling of goods, it is easy for company to copy design of big brands and sell them at lower prices. With this condition only the company protected by design registration and IP rights can safeguard its design and take legal actions against the brands selling fake products. In this world full of fake product originality of the product is very important. The creative ideas can be copied, stolen and to protect this we need to protect the design through IPR.

The protection of design is not just made for legal protection but it also provides creative freedom, brand building, goodwill and also success of the brand.

Author: Ojaswi Chandrakar, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at  Khurana & Khurana, Advocates and IP Attorney.

[1] Designs Act, 2000

[2] Christian Louboutin v. Nakul Bajaj, AIR 2018 DEL 1962