Intellectual Property in Fashion Industry

 INTRODUCTION

The fashion industry has always required legal consultation since the inception of fashion houses. However, fashion law was not considered a specialized field of law until a few years ago. Today, fashion law is a distinct legal field designed for the fashion business. The core of fashion law is intellectual property laws because the value of fashion lies in the brand, which is protected primarily by intellectual property law. Intellectual property includes utility and design patents, copyrights, trademark, trade dress protection, trade secret protection, the right of publicity, and the right against misappropriation. The protection of intellectual property plays a crucial role in the fashion industry. This article discusses the role of intellectual property in the fashion industry in detail.

TRADE MARK PROTECTION

The fashion industry is known for its reliance on intellectual property, especially when it comes to trademarks. Trademarks are highly valuable assets for fashion enterprises, as they allow companies to license well-known brand names for specific categories of apparel and accessories. Although trademarks do not offer direct protection for textiles or fashion garments, designers can still use their trademarks in their designs to bring their creations under the purview of trademark law. This emphasis on trademark protection in the fashion industry stems from the industry's function as an indicator of social status. Moreover, the lack of copyright protection for fashion design shifts the focus from selling the product to the person selling it. This is why trademark protection tends to overshadow other forms of intellectual property protection in the fashion world.

COPYRIGHT PROTECTION

Copyright laws grant creators of original works a bundle of rights. However, the originality requirement is low, which means it may have more "teeth" when it comes to clothing and jewellery. The validity of one's copyright relies on factors like the "idea/expression dichotomy" and the "separability" test. Clothing generally receives no protection under copyright law, but garments and fashion accessories are eligible for copyright protection to the extent that their design incorporates pictorial, graphic, or sculpture features. High fashion designers have accepted that copying is part of the process and the only way to deal with it is to keep innovating. Taking action is not always seen as an option for designers due to cost and time expenses and lack of information and availability of IP services.

 TRADE SECRET PROTECTION

When it comes to sharing sensitive information about a new project, novel technologies, or solutions with potential business, research, or financial partners, protecting valuable information as a trade secret becomes a crucial consideration. During meetings with potential partners, one might reveal confidential information, expertise, and specific plans on how a project should be carried out. To ensure that all confidential information shared during the meeting remains protected, it is essential to have partners sign a non-disclosure agreement (NDA), either one-way or mutual. This provides a legal foundation on which one can defend their rights if one of the prospective partners violates its confidentiality.

However, it's important to note that trade secret protection is only useful for inventions that rivals won't be able to deduce from looking at your product and company's public elements. This is another difficulty that inventors face when protecting their inventions. Once the information becomes public knowledge, the trade secret protection automatically ceases to exist, making it critical to keep such information confidential.

PATENT PROTECTION

In the fashion industry, protecting the innovative component of a design is possible under patent law. However, before this can be done, it is essential to consider two crucial factors - novelty and originality. These two elements are vital in ensuring that a design can be patented. A design must be novel and original, meaning it should be created for the first time due to its unique nature. Additionally, the design must be scientifically feasible. Despite this, the fashion industry does not often utilize patent law to protect their designs, unlike the technical sector. The reason behind this is that the patent registration process is both time-consuming and expensive. Furthermore, the fashion industry is highly dynamic and constantly evolving, which makes the value of patents in this sector relatively low.

MEASURES TO EFFECTIVELY PROTECT THE BRAND ONLINE

It is imperative to educate consumers about the ramifications of purchasing counterfeit goods. Not only does it harm the brand, but it can also pose a direct threat to the consumers' safety, quality, and warranty of the products they buy. The negative impact of fake fashion is not just limited to the economy and environment, but it also involves mass production, usage of low-quality chemicals, and annual disposal of tons of clothing. Furthermore, the unregulated sector frequently employs sweatshops, which have adverse effects on people. It is no secret that many counterfeit businesses have links with organised crime, and the use of fake currency has become a vital source of funding for terrorist organisations.

To combat counterfeits, brands face numerous challenges that are time-consuming, discouraging, and even dangerous. However, many internet players are now developing efficient tools, such as Amazon's "Project Zero," to help brand owners in their fight against counterfeits. This solution employs automated protections that continuously monitor the website and proactively delete suspected counterfeits. Brands can provide Amazon with their logo, trademark, and other vital information, and the tool will take care of the rest. This makes it easier for marketers to regulate and remove listings from Amazon's shop without having to go through the hassle of contacting them.

 CONCLUSION

In today's digital age, safeguarding a fashion brand's intellectual property online is a crucial task. Fortunately, the advancements in technology have made it possible to utilize artificial intelligence (AI), such as Project Zero and other similar programs, to effectively combat counterfeits. With the help of AI, businesses can now save valuable time and effort that would otherwise be spent on manual searches for potential infringers. By relying on software and AI, it is now possible to remove counterfeiters from various platforms effectively, given the significant number of counterfeiters present. However, it is essential to remember that conventional methods such as customs or legal procedures are also necessary to protect any IPR asset against counterfeits. This is because IP and fashion are interconnected and rely on each other to co-exist. Any fashion design's monopoly can only be increased through IP law, which serves as a protective shield against the ills of duplication and plagiarism.