INTELLECTUAL PROPERTY RIGHTS IN THE FASHION INDUSTRY

INTRODUCTION

The art of fashion is a reflection of life. It is a nonverbal language made up of signs, symbols, and iconography that conveys information about any individual or a group of people. It is a way of expressing oneself and acts as a personality extension. According to age, social class, generation, occupation, geography, and time, fashion can differ significantly and even act differently within a society. Fashion design is the process of applying design and aesthetic beauty to clothing or to any item of fashion per se. It is a discipline of art devoted to the production of distinctive apparel and other accessories for daily living.

 Laws governing the protection and enforcement of legal rights to inventions, designs, and other creative works are known as intellectual property laws. It is a broad term that covers a variety of inventive and unique creations. The fashion sector is protected by IPR, which is essential for keeping items free from piracy and duplication. The fashion industry can only flourish in its true sense when innovators and artists are granted protection for their creations and are safeguarded from having their work copied. There are three different kinds of intellectual property rights that can and have shown to be quite advantageous for the garment sector. Patents, trademarks, and copyrights all fall within the ambit of intellectual property rights.

FASHION DESIGN PIRACY

The unlicensed and unlawful copying or distribution of works governed by copyright, patent, or trademark law is known as piracy.  It is a crime punishable by law to make unlicensed copies of any intellectual property.  In other words, the core of piracy is unauthorised copying. Piracy in the context of the fashion business includes: (1) piracy in fashion design; and (2) piracy in a fashion brand's logo or label.Unauthorized duplication of unique fashion designs is known as fashion design piracy (FDP). It is further divided into two:

1. Knockoff- A knockoff is an unlicensed, unauthorised copy or imitation of a well-known person or object. In the realm of fashion, a knockoff can be described as an exact replica of the original fashion design that mimics its elements but is sold under a label that is distinct from the label of the original design. As a result, it is not offered for sale as an imitation of the original. The purpose of knockoffs is to closely resemble the original design while selling it another designer's name.
2. Counterfeit- As opposed to knockoff, a counterfeit is a replica of the original fashion design as well as the brand logo or label of that design. The goal in this situation is to mislead customers about the true origin and material of the clothing.Additionally, imitated apparel is marketed in an effort to pass for the real thing. In addition to piracy in a fashion brand's logo or label, this scenario also entails piracy in fashion design. However, not all fakes incorporate this kind of mix because in certain instances, simply the labels of well-known fashion brands are replicated. Gucci, Tory Burch, Chanel, Coach, Cartier, and Tory Burch have all triumphed in multimillion dollar legal battles against imitators of their distinctive designs and products.

PATENTS IN THE FASHION INDUSTRY

Innovative inventions that benefit the general public are given patent protection. It alludes to a development that uses new technology to produce goods like shoes and textiles. A patent portfolio may represent technical excellence in creating novel, timeless fabrics. This will draw capital and business associates. A patent is a type of property right that is granted by the government and gives the owner temporary exclusivity over an invention. The three types of patents are utility patents, plant patents, and design patents. This grant entitles the grantee to the exclusive right to sell, manufacture, or use the invention for a specified period of time.

 Patent innovation protects protection for 14 years to design patents and 20 years to utility patents from the date of filing, after which it becomes public domain and is open to anyone's commercial use without infringement. Even while applying for a patent is costly and time-consuming, if the idea is original and the process can be repeated annually, it may be possible to protect an innovation that will be used in the fashion industry for a long time and will not become outdated. In 2016, Balenciaga received two Design Patents, Bottega Venetta received three, and Louis Vuitton received six.

TRADEMARK IN THE FASHION INDUSTRY

According to Section 2(zb) of the Trademark Act of 1999, a trademark is anything that can be graphically expressed and used to differentiate one person's goods and services from those of another. This includes product shapes, packaging designs, and colour schemes. Any expression or combination of colours that is used to distinguish and identify goods in commerce is considered a trademark. The "distinctive Gucci GG Logo" and the "Gucci Trademark," for instance, set Gucci bags and clothing apart from those made by other companies. A trademark can be quite valuable and help maintain a brand's premium status. Large fashion companies give their brand equity a lot of consideration. Size, form, colour, packaging, and even sales technique are all examples of trade dress that are protected by trademark law.

 One of the most famous cases illustrating the value of trademark law in the fashion business is Romag Fasteners, Inc. v. Fossil, Inc. After bringing a trademark and patent infringement case against well-known watchmaker Fossil, Romag, a modest company with headquarters in the US, quickly gained recognition.

 A trademark is frequently used to determine consumer interest and attention since the products are distinctive and innovative in concept. Even though trademarks only play a minor role in logos and symbols, many Indian designers and artists favour trademark protection above that offered by designs and patents. Due of the difficulty in obtaining fashion patents, corporations will go to great lengths to protect their

COPYRIGHT IN THE FASHON INDUSTRY

The term "copyright" refers to the legal right to ownership over intellectual property. The ability to replicate or copy something legally is known as copyright. This helps to ensure that the only people who have the right to replicate the work are the genuine producers of the items and those to whom they provide authorization. All literary, artistic, and creative works are protected by copyright. Section 2(c) of the Copyright Act of 1957 provides protection for the artistic design work. It could be a sculpture, a painting, a drawing, or any other work of art. It protects works that are distinctive in some way. The design has 10 years of copyright protection starting from the date of registration. One industry where an artist's work is highly regarded and for which the artist is paid for their efforts is the fashion industry. Therefore, it is crucial that the artist's creativity is safeguarded, and as a result, copyright laws must be applied to protect an artist's creations. However, in the case of the fashion sector, only the artistic design or architecture may be protected under this law; clothing, footwear, or any other items connected to the fashion market cannot be protected under this law.^[6]

 The court decided in the case of Unicolor Inc. v. Urban Outfitters Inc.that copyright, and any company that reproduces the design can protect a woman’s dress’ print pattern or pattern without prior permission would be held liable for infringement. The typical copyright duration is the lifetime of the author or artist plus 60 years beginning with the year of death. In the Ritu Kumar Apparels v. BIBA Apparels Private Limited case, a fashion firm also copied designs from one fashion house and used them in their own product, costing the fashion house of Ms. Ritu Kumar a huge monetary loss.  A flaw in The Copyright's Act helped BIBA get away with this wrong. The Copyright Act's Section 15(2), which states that if a creation that qualifies for design law protection has not been registered with the design authorities and has been copied more than fifty times, the copyright in the same product will be deemed permanently lost.

CONCLUSION

Following liberalisation and globalisation, the fashion industry has continued to grow and is expected to have a significant impact on the global economy. The fashion inventors may use registration to stop the theft or exploitation of their unique concepts or design elements in any products. Designs and trends receive substantial financial investment before being made public in order to increase their appeal and profitability. Even though the registration process is expensive and time-consuming, it must be followed in order to safeguard future security and stop dishonest competitors from stealing some of the most original ideas.

 In the upcoming years, India is projected to acquire more outsourcing companies and brand-owned outlets not only with foreign but also with Indian partners. The nation is predicted to become the next major global fashion and textile opportunity due to its strong economic growth, expanding industrial sector, and increasing IT population. Government and law now require even more certainty and protection as a result. Although it is difficult to remove plagiarism, it is not impossible. And one of the most efficient way to achieve this security is by increase use of Intellectual Property Rights.