This document discusses intellectual property rights in the fashion industry. It provides statistics on the importance of fashion to the Indian economy. It outlines the legal frameworks for design rights, copyright, trademarks, trade dress, geographical indications, and patents that can protect fashion designs and brands. It discusses examples of court cases involving infringement. The document also examines the problems of piracy in fashion through knockoffs and counterfeits and their environmental and social impacts. It notes attempts in the US to strengthen legal protections for fashion designs.

1. Intellectual
Property
Rights in
Fashion
Industry

2. “In order to be irreplaceable,
one must always be different.
-Coco Chanel

3. Why Fashion needs IPR
fashions comes from creativity and Creativity comes from human
intellect
India – 2nd largest producer – textiles and garments
From facts and figures – designers and fashion houses – importance of
protecting their rights

4. 14% - Industrial production
12% - Total exports
4% - Gross Domestic Production

5. IPR FRAMEWORK

6. DESIGN ACT
Sec. 2(d)
excludes artistic works
Protects – shapes, patten, ornament –
2D, 3D
Appeal soley to eye

7. COPYRIGHT ACT
Sec. 13: artistic work
Sec. 15: copyright ceases when:
1) any design – capable of being registered in Designs Act.
2) design reproduced – more than 50 times – by industrial
process

8. Rajesh Masrani v. Tahiliani Designs
infringement of artistic work:
- Drawings - S. 2(c)(i)
- Prints, patterns – S. 2(c)(iii)
Defendant argued – works comes u/s 15(2) – hence not protectable
Judgement:
- Copyright infringement
- being original work u/s 2(c) will be considered as artistic work .
- Not capable to being registered under Design Act – 2(d)
Only 20 times reproduced - S. 15 will not apply

9. Ritika Pvt. Limited v. Biba Apparels Pvt. Ltd
Arguments:
Plaintiff – claimed to be first owner of work
Respondents – work falls under S. 15(2),
Copyright Act
Judgement:
No copyright infringement
If design applied to apparel more than 50 times
– loses all protection

10. TRADEMARK PROTECTION
 Maintains prestige premium for particular brands
Advance Magazine Publishers v Just Lifestyle Private Limited
Plaintiff: use trademark –”VOGUE” – in magazine - similarity
Defendant: trademark – JUST IN VOGUE – retail stores, sales services – different business
Judgement:
- no infringement
- Goods/services – dissimilar – with no common distributor/dealers
- Vogue – ordinary english word
- No deceptive similarity –
“VOGUE” use of conjunction “JUST IN VOGUE”

11. TRADE DRESS:
Protected through - Sec. 2(zb), Trademarks Act,
1999
Limited to product packaging
concept expanded to encompass design
Key to appeal of clothing design product

12. Geographical Indication
Valuable asset – local and indigenous communities of
weavers
Economic benefit – 10 years – renewable
Eg. Prior to GI on Banarasi silk & brocade - Handloom
industry was in huge loss – because mechanised unit was
producing cheap alternatives of silk

13. PATENT
Technical innovation protected
Reliance Industry Limited – patented DEO2 process
technology for Only Vimal textile brand – under USPTO
DEO2 – technology that enables fabric to resist
settlement of micro-organism from perspiration odour

14. PIRACY in
Fashion and its
Impact

15. PIRACY
– unauthorised use
- Illegal - reproduction or distribution
- Categorised: a. knock offs
b. counterfeits

16. KNOCK OFFS
 CLOSE COPY/mimicry of original fashion design
 Sold under different label
Betsey
Johnson dress
Forever 21

17. Counterfeits
 Copy of original fashion design
 Copy of original logo/label
 Intention is to deceive consumers

18.  “victimless crime” – misnomer
Primary victims:
1. Fashion houses/ designers- incurring losses – goodwill
harmed
2. Consumers – deceived – excess pay for inferior goods
e-commerce - boosting luxury counterfeit market - selling
them at lucrative prices – account 25% of fake luxury
goods market in India

19. Fast fashion

20. “Weaker version”
Recent trends – apparel+ lifestyle retail – copied and sold at
discounted price
Consumers – finds convenient – obtain recent trends
Growing obsession with fashion + silence of IPR = “Fast Fashion”
Examples – H&M, Forever 21, Zara

21. Effects on SUSTAINABILITY
 Environment perspective – due to dyeing process, other treatment
process leads to huge wastage
Eg. Polyster involves hazardous emissions, harmful gases
 Forced labour: forced to work under inhumane conditions – women +
children - exploited

22. UNITED STATES PROTECTION
Senator Chuck Schumer – proposed – INNOVATIVE DESIGN PROTECTION
AND PIRACY PROHIBITION ACT (IDPPPA) – 2012 – to grant copyright
protection
Not passed till date
Backed by criticism:
1. “Piracy paradox”: copying promotes innovation
2. Indirectly increases apparel cost for customers

23. CONCLUSION
Short term life expectancy
“Fashion Law”
S. 15(2) must provide – more than 50 times
reproduction for designs
Consumer awareness

24. 24
THANKS!
Any questions?
You can find me at @username & user@mail.me