In today’s world, fashion is not just clothes and attire. The fashion industry is growing and changing rapidly with time. Intellectual property plays a very important role in the fashion industry. Intellectual property helps to protect the unique creations of big artists and fashion designers. It should be highlighted that while an idea cannot be protected, its artistic representation can and should be, and this is protected by intellectual property law. In general, intellectual property law combines copyright, trademarks, and patents. The fashion sector encompasses accessories, footwear, jewelry, and other items in addition to clothing, which is an important point to keep in mind. The urgent necessity to secure the products in terms of their innovation and other associated processes emerges from the recent rapid evolution of the fashion sector.
The term "Fashion Piracy," which refers to the unlicensed and unlawful duplication or copying of an already produced design, is frequently used in the fashion business. Generally speaking, the term "fashion piracy" includes two meanings:
* Knockoffs
* Fakes
A knockoff is defined as a near replica of the original product that is marketed under a different name. A fake product is also known as a counterfeit since it is a perfect replica of the original fashion design and is marketed under the same label. The industry uses IP protection to shield designs from such copycats and counterfeits.
The law protects fashion designs under two categories of IP: Designs and Copyrights. When it comes to artistic works, there is a very slight distinction between the protection provided by copyrights and design legislation. To distinguish between the two types of protection, however, the regulations in India have been made quite simple.
COPYRIGHTS AND DESIGN
Creative works, whether they take the form of literature, the arts, music, or instructional materials, are protected by copyright. Paintings, photos, jewelry, designs, fashion designs, etc. are examples of artistic production. The term "designs" as used in the Designs Act refers to an exterior feature, such as a shape, configuration, pattern, ornament, etc., applied to any product through an industrial process and visible solely to the naked eye. One significant distinction between the two types of IP is that Copyright protection is provided from the same moment an original article is written. The Designs Act, however, only protects an item when the owner registers the design. Because of this, a copyright is an inherent right.
Designs that are eligible for registration under the 2000 Designs Act. Only those who are registered are protected by the Designs Act. Designs that are not registered may be protected by copyright. Particularly, the Copyright Act protects designs that cannot be registered under the Designs Act because they are original artistic works.
In most cases, due to the dynamic nature of the industry, designers refrain from registering their fashion designs. After registration, the designs are protected for 10 years, protecting the entire appearance of the goods. Design law prohibits non-owners from replicating products and creating items with designs that are similar to the registered design. If you believe your design will live on for many years and be sold in large numbers, you should consider applying for a design registration under the Design Act. to protect your work.
From this, we can conclude that there are many loopholes in the protection of the fashion industry regarding intellectual property. An important takeaway from this is the urgent need to reconsider the protective measures already in place in the fashion industry: intellectual property protection in the fashion industry needs to be reviewed. In addition, fashion designers are also encouraged to educate themselves on intellectual property protection and identify the best type of protection they can offer their products. Finally, for nations to thrive through intellectual property, they must respect individual rights. The same can be achieved by addressing existing loopholes in protecting the fashion industry through intellectual property.
