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In the present century, fashion is not just limited to clothes but diversifies into various other aspects like accessories, custom-made apparel, smart accessories, and revolutionized fabrics. Fashion Law or Apparel Law is one of the fastest-growing areas in the Legal world. It is an amalgamation of various laws like Contract Law, Intellectual Property Laws, Consumer Protection law, Employment Laws, Competition Law and Advertising. The field of Fashion Law begins from the very stage of production of fabric and continues even after it is sold. Various agents and parties like design houses, wholesalers, tailors, retailers, modeling houses, and photographers make some of the clients of the Fashion Law Industry.  

HISTORY OF FASHION LAW

Fashion Law was first introduced as a course by Susan Scafidi, a United States Law professor, and since then, this subject has been identified as a distinct field of Law. Since ancient times, copying of designs has remained the most serious issue in the Fashion Industry. The English and French Copyright systems were the first to protect fashion designs. Presently, Fashion Law is continuing to grow and advance hand-in-hand with the Fashion Industry.

LAWS PROTECTING FASHION IN INDIA

India does not have a centralized law that protects the Fashion Industry. Therefore, to protect the rights of designers, manufacturers and others, the help of various civil laws of India has to be taken.

The Copyright Act of 1957, the Designs Act of 2000, the Geographical Indication Act of Goods Act of 1999, and the Trademark Act of 1999 are the main laws that govern and safeguard intellectual property rights in the fashion sector in India.

Section 13 of the Copyright Act, 1957 states that a design becomes an artistic work as soon as it is conceptualized into real life from imagination and has its own distinctness. Section 15 of the Copyright Act plays an important role in deciding copyright in designs that are registered or are eligible to be registered. It states that-

1. If a design is registered under the Designs Act, then it cannot be protected by the Copyright Act.

2. A design registration and copyright cannot co-exist under the Copyright Act.

Section 2(d) of the Design Act, defines Design as features of shape, configuration, pattern, ornament, or composition of lines or colors applied to any article, whether it be two-dimensional, three-dimensional, or both, by any industrial process or means, whether manual, mechanical, or chemical, separate or combined. This definition is subject some exceptions.

The purpose of Geographical Indications is to protect goods on the basis of their geographical origin. This is usually done in reference to handlooms and textiles like Mysore Silk, Chanderi sarees etc. This Act contains provisions that aid in preventing outsiders from stealing indigenous peoples' works. To safeguard these goods in international trade, these geographical indications are used in conjunction with legislation of a similar nature in other nations. 

LEGAL REMEDY UNDER CIVIL LAW

The Indian fashion industry needs the right to secure their retail stocks, etc. since copying and counterfeiting jeopardize the livelihoods of multinational fashion businesses there and harm the economy. It is possible to initiate a lawsuit seeking an injunction to prevent the accused from using the plagiarised work. They can also file a suit seeking damages and compensation.

FASHION LAW IN FOREIGN COUNTRIES

Only the United States of America and the European Union have laws protecting their Fashion Industry. The Design Piracy Prohibition Act (introduced in 2009), the Innovative Design Protection and Piracy Prevention Act (introduced in 2010), and the Innovative Design Protection Act (introduced in 2012) are three copyright legislation that has been put forth to Congress over the previous ten years. Each bill put forth changes to the US Copyright Act that would grant fashion designs their special form of protection. The legislation aimed to eliminate the "separability" requirement in particular so that designers would no longer need to derive protection from distinct creative parts of their clothing design. Sadly, none of the proposals were passed since they did not receive enough support in Congress. The European Council adopted Legal Protection of Design (a European Directive) in the year 1998. It established criteria for protection eligibility. For 25 years, the owner is given sole possession. Both registered and unregistered designs are protected by this legislation. The US protects with the separability test, but the EU does it collectively. This is one of the key differences between US Fashion Law and EU Fashion Law.

CASE LAW

Ritika Private Limited vs. BIBA Apparels Private Limited 230 (2016) DLT 109, decided on 23rd March 2016.

There was a debate about whether a fashion design or one that has been applied to clothing or jewelry, should be protected by the Designs Act or the Copyright Act. Additionally, since the Designs Act only offers a 10-year monopoly on artistic works, fashion designers typically prefer to register their designs under the Copyright Act, which grants a 60-year monopoly. The Delhi High Court resolved the conflict in Ritika Private Limited v. BIBA Apparels Private Limited.

In this significant case for the fashion industry, the company RITU KUMAR claimed that some of its former employees had joined the well-known company BIBA in an attempt to protect its designs by copyright. The defendant contended, if a design is registered under The Designs Act, it is not subject to copyright, and if a design is not registered under The Designs Act but is "competent of being registered," then ownership of the copyright in the design expires after it has been applied to an item by an industrial process more than 50 times, according to Section 15 (2) of The Copyright Act, 1957.

The Court had to determine whether a design that is covered by the Copyright Act is required to be protected by it or whether, by S.15 (2) of the Act, it is "capable of being licensed" under the Designs Act, it would no longer be protected by the Act after 50 applications. The suit was dismissed because the designs fell under the concerned Section of the Copyright Act. After all, the term "capable of being registered" is included in the Act.

CONCLUSION

The Fashion Industry largely affects society and the economy and, thus, the development of Fashion Law to protect it is the need of the hour. Despite several laws intended to prevent unauthorized imitations, piracy and other illegal activities violate intellectual property. Piracy is unavoidable in this industry because of its intrinsic nature. The proper application of laws is just as vital as the creation of their provisions, and both should be done with caution. Protecting the rights and interests of creative designers must be a priority to foster the growth of innovation, so the infringers shouldn't be allowed to escape the legal arena without facing charges and penalties.

REFRENCES

• https://copyright.gov.in/documents/copyrightrules1957.pdf

• https://ipindia.gov.in/writereaddata/images/pdf/act-of-2000.pdf

• https://legislative.gov.in/sites/default/files/A1999-47_0.pdf

• https://legislative.gov.in/sites/default/files/A1999-48.pdf

• http://journals.du.ac.in/humsoc/pdf/Bharti_Final_9.pdf

• http://docs.manupatra.in/newsline/articles/Upload/DFD5D01C-E3A6-4833-9C2B-B1B06464C354.pdf

• https://indiankanoon.org/doc/20292476/