Intellectual property protection of fashion designs in AI ERA: A critique
By: Lukase, Lisa P. and Abrol, Chabat
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Material type: 
BookPublisher: Journal of the Indian Law Institute Description: 65(3), Jul-Sep, 2023: p.272-294.Subject(s): Fashion industry, Intellectual property rights, Design protection, Indian Designs Act 2000, TRIPS compliance, Design piracy, Copyists, Creative investment, Cultural heritage, Utilitarian function, Copyright law, Trademark law, British-era legislation, EU design law, UK design protection, Fast fashion, Legal reform, Innovation safeguards, IP loopholes, Comparative analysis
In:
Journal of the Indian Law InstituteSummary: Fashion and new styles keep every society live. Society transforms, changes, grows and develops itself through fashion trends. Fashion, the visual marker of human evolution, is very powerful with the inherent ability to shape the attitudes of people and transform their lives. As fashion is omnipresent in every civilisation, marks different timelines in world history and impacts hugely the economy, countries pay great attention to the legal protection of fashion industry and new styles. The Indian fashion industry, like elsewhere, is a multi-billion-dollar industry. It has a rich cultural and traditional heritage. The fashion articles other than serving merely an important utilitarian function, reflect the intellectual and creative skill of the designer. A fashion designer invests heavily in creating new and innovative designs, whereas the copyists free ride on the efforts of the original designer by copying their designs at no expense. Although the fashion industry has been historically prone to rampant design piracy, the technological advancement in the fashion industry has increased the pace and ease with which copies can be made. As legal protection of fashion design became crucial for encouraging guaranteed investment and new creativity, international intellectual property rights (IPR) regime started offering protection for designs and fashion brands since 1900s. In the stated backdrop, it thus became imperative for the Indian IP regime too, to afford protection to the fashion design following the international IPR design protection pattern. However, India introduced her new Design Actonly in the year 2000, in compliance with TRIPS Agreement. Till then, the fashion industry relied on IPR protection under British era Designs Act, 1911 and also under the copyright and the trademark regimes. The authors of this research article, after a critical analysis of the existing IP regime protection for new designs and fashions demonstrate in this article that the current legal framework as existing in is minimal and needs an urgent revisit. This article is an earnest attempt to: (i) discuss the rationale for and against better IP protection to the fashion industry (ii) locate loopholes in the existing IP statutes in protecting the fashion design (iii) analyse comparable provisions in EU and UK which historically afford high IP protection to the fashion design and (iv) offer suggestions for better IP protection to the Indian fashion industry in the light of technological advancements.- Reproduced
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Articles
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Indian Institute of Public Administration | 65(3), Jul-Sep, 2023: p.272-294 | Available | AR132713 |
Fashion and new styles keep every society live. Society transforms, changes, grows and develops itself through fashion trends. Fashion, the visual marker of human evolution, is very powerful with the inherent ability to shape the attitudes of people and transform their lives. As fashion is omnipresent in every civilisation, marks different timelines in world history and impacts hugely the economy, countries pay great attention to the legal protection of fashion industry and new styles. The Indian fashion industry, like elsewhere, is a multi-billion-dollar industry. It has a rich cultural and traditional heritage. The fashion articles other than serving merely an important utilitarian function, reflect the intellectual and creative skill of the designer. A fashion designer invests heavily in creating new and innovative designs, whereas the copyists free ride on the efforts of the original designer by copying their designs at no expense. Although the fashion industry has been historically prone to rampant design piracy, the technological advancement in the fashion industry has increased the pace and ease with which copies can be made. As legal protection of fashion design became crucial for encouraging guaranteed investment and new creativity, international intellectual property rights (IPR) regime started offering protection for designs and fashion brands since 1900s. In the stated backdrop, it thus became imperative for the Indian IP regime too, to afford protection to the fashion design following the international IPR design protection pattern. However, India introduced her new Design Actonly in the year 2000, in compliance with TRIPS Agreement. Till then, the fashion industry relied on IPR protection under British era Designs Act, 1911 and also under the copyright and the trademark regimes. The authors of this research article, after a critical analysis of the existing IP regime protection for new designs and fashions demonstrate in this article that the current legal framework as existing in is minimal and needs an urgent revisit. This article is an earnest attempt to: (i) discuss the rationale for and against better IP protection to the fashion industry (ii) locate loopholes in the existing IP statutes in protecting the fashion design (iii) analyse comparable provisions in EU and UK which historically afford high IP protection to the fashion design and (iv) offer suggestions for better IP protection to the Indian fashion industry in the light of technological advancements.- Reproduced
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