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History:

Fashion Law is a broader field which encompasses the field of intellectual property rights within it, i.e.copyright, trademark, trade design etc. However, with the emerging and advancing technology, fashion law has started being recognized as a different sphere of law apart from Intellectual Property Rights. The law on fashion is highlighted as one of the highly concentrated specialised laws. Fashion was an intrinsic part of French colonies since the 17th Century and through successive evolution the practice to design the fabrics circulated worldwide. However, the core issue always remained copying the designs. The other legal issues revolving around the law are contracts, labour law, arbitration, IPR and so on. It is also concerned with the issues on privacy, consumer preference and rampant consumerism.  

Introduction:

Also known as “Apparel Law”, fashion has evolved in today’s fast paced society and has become a part of one's individual’s personality. The life journey of the clothing from origination to the brand recognition,all forms a part of the fashion law. In the 21st century, fashion is not only limited to apparel but also extends to nanotech, e-commerce, custom-fit clothing, innovative fabrics, wearable technology like smartwatches, Fitbit, smart clothing, etc. The clients of the fashion law include design houses, wholesalers, tailors, modelling agencies, retailers, and photographers etc. 

India does not recognize a particular fashion law, therefore in order to protect the rights such as Invention Rights, Data Rights, and Product Rights etc can be either through availing civil remedies like Injunction or under several IPR Laws. Fashion attorneys draft and negotiate contracts, acknowledge trademarks and copyright for clients, and represent their clients in litigation involving IPR issues.

Legal Rights under Civil Law: Injunction

The act of copying or counterfeiting endangers the lives of multinational fashion brands in India, as well as the economy and hence, a right to protect their retail stocks etc must be given to the Indian Fashion Industry. The suit for Injunction can be filed which will restrict and injunct the accused from using the copied material. 

Intellectual Property Law and Fashion Law:

Intellectual property rights (IPR), include things like paintings, literature, and inventions etc. Any novel invention is the monopoly of the person who owns it, and the person who owns it has the right to benefit from it. As Copyright exists for writing and sculpture, a patent exists for inventions, and a trademark exists for brand names, likewise Designs exists for protection of work of designers.

The fashion industry consists of designing, manufacturing, and dealing in new and unique designs with clothes or accessories or jewellery, therefore IPR extends to fashion law as well. These designs are the fruits of somebody's intellectual work and should therefore be protected by the IPR. They need to protect the designs from being copied and taken from them. The Indian laws that protect the work of designers from design piracy are primarily the Copyright Act and the Design Act, but also include Trademarks Act and Patents Act. 

Guarding ‘Designs’ through Laws:

There are several laws and regulations that protect designs such as Intellectual Property, Finance, Commercial Laws, International Trade, Counterfeiting,  Fashion Law, Civil Rights, Consumer Law, Privacy, Technology, Labour Laws, Antitrust and Competition Law etc.

The Copyright Act of 1957, Designs Act of 2000 and the Geographical Indications of Goods Act of 1999 provide protection under India's intellectual property regime. As a result, three different pieces of legislation appear to govern the apparel and design industry. The 1957 Copyright Act protects the works of art in the idea illustrations. The Design Act of 2000 protects the non-functional aspects of a visually appealing entity, such as the shape, pattern, line structure, and colour sequence. The Design Rules,  2001’s third schedule contains an exhaustive list of products and items for which an application must be made to register their design with the government. This design right will be in force for ten years with an option to extend it for a total of fifteen years if all other requirements are met.

Labour law, such as India's Factories Act, 1948, regulates the manufacturing process; corporate law governs marketing and other company-related issues for a fashion company. Banking law oversees loans and other financial transactions. The advent of the internet has encouraged sales in the fashion industry, which also takes into account laws relating to information technology and e-commerce.

Case Study: Ritika Private Limited vs. BIBA Apparels Private Limited

RITU KUMAR, a brand that tried to protect its designs under the brand name BIBA, argued that some of its former employees had gone to work for the well-known brand. The defendant argued that under Section 15 (2) of The Copyright Act, 1957 if a design is registered under The Designs Act then it is not subject to copyright. If a design is not registered under The Designs Act but is ‘competent of being registered' then once copyright in a design is applied to an article by an industrial process for more than 50 times ownership of the copyright ceases.

Because of this decision, the Court had to decide if a design that is included under the Copyright Act is liable to be covered by it, or if, under S.15 (2) of the Act, if it is "capable of being licensed" under the Designs Act, it would not be protected by the Act after 50 applications. The court dismissed the suit on the grounds that since designs fall under Section 15 (2), they could be registered under either act by applying for a licence from either legislature.

Reference:

1. https://www.sbhambriadvocates.com/post/fashion-law-in-india

2. https://www.legalserviceindia.com/legal/article-2025-fashion-law-and-its-scope-with-reference-to-important-case-laws.html

3. https://www.mondaq.com/india/copyright/765358/fashion-law-in-india

4. https://blog.ipleaders.in/fashion-and-intellectual-property-laws-in-india/