Exploring Fashion Law And Its Potential In India
Author: LawSphereX
Category: General Law
Published:
Updated:
EXPLORING FASHION LAW AND ITS POTENTIAL IN
INDIA
Ayushman Mishra, Bennett University (The Times group), Greater Noida, India
INTRODUCTION
Fashion has finally discovered a place for itself in law. Although it is not significantly present by the name of “fashion law” but its various sub parts like intellectual property law, labour law, contract act, etc. play a very important role in the working of the fashion industry. The interest in fashion among people nowadays have not only led to the growth of the already existing fashion brands but also to the introduction of new fashion labels too.
HISTORICAL
BACKGROUND
Fashion law, despite its recognition as a celebrated domain, was formally established as a course by Susan Scafidi, a law professor in the United States1. This introduction marked the identification of fashion law as a unique legal discipline. From its inception, the primary concern in this field has been the replication of designs, with the French and English legal systems particularly proactive in protecting designs. Presently, there is a symbiotic relationship between the burgeoning fashion law field and the fashion industry, with both experiencing growth concurrently. GROWTH OF FASHION LAW IN INDIA The industry revolves around various things which includes clothes, bags, shoes, labour, raw materials, contractors, customers and most importantly competitors.
The competition related to their apparels or intellectual property between various companies lead to conflicts which further lead to court cases. So, we can rightfully say that Intellectual property has dominated fashion law, given the importance of protecting rights, techniques, designs and other properties related to the articles of a fashion brand. Labour laws protects the rights and safety of the 1 Ranbir Singh, Fashion and Law, LAWYERED (Oct. 29, 2022), https://www. lawyered. in/legaldisrupt/articles/fashion-andlaw/#:~:text=Fashion%20Law%20was%20first%20introduced,issue%20in%20the%20Fashion%20Industry. labours working in the fashion industries, use of Contract law in the industry corroborates the making of lawful contracts.
The contracts play a compelling role in the fashion industries as it’s the most important document required at every stage of building relation with any entity including contractors, collaborators, raw material providers etc. and in order to ensure safe working with them, contracts are a must. Fashion allows a person to express themself at a particular time or place, it helps a person to not only look attractive but also feel confident about themselves. Fashion is dynamic and it helps a person to express his/her ideas and cultural beliefs with the help of apparels and accessories. So, we can rightly say that Fashion law’s rich and distinct collection includes not only IP, but also the rights of expression and identity. Fashion is a multi-billion business and if we look into the stats, India will have a 06 billion business in fashion by 20262.
These growing numbers and success have brought attention to the issues based on recognition of brands, protection of designs, trademarks, patents etc. and overall apparel industry in general which earlier did not have a clear structure in the law aspect. Brands now take the help of the law to get relief from any kind of issue. Citing cases such as- Louis Vuitton in the year 2022 sued a shopping website www. haute24. com and others for unauthorised use of its photographs3. The Delhi High Court in this case granted interim relief to Louis Vuitton, acknowledging a clear prima facie case of copyright infringement. Other cases like Gucci v. Guess, Louis Vuitton v. My Other Bag, Puma v. Forever 21, Forever 21 v. Gucci are also some famous cases in the fashion industry.
LAWS RELATED TO FASHION Fashion was always put to regulation as to who can wear what or when, but it was never incorporated until the mid to late 2000s. Intellectual rights and control of apparel was always there in the history. Regulation or control of apparel referred to the dress code of different eras that evolved by time which described where and when a person was allowed to wear what based on their gender, age, occupation, marital status or even religion to an extent, for instance, in courtrooms, the lawyers and judges wear black long coats while presenting their clients. The 2 Nikhil Aggarwal, Navigating disruptions in the Indian fashion industry’s evolving landscape ,ETRetail (6th Sep 2023) , https://retail. economictimes. indiatimes.
com/blog/navigating-disruptions-in-the-indian-fashion-industrysevolvinglandscape/103430180#:~:text=Representative%20Image%20The%20latest%20reports,on%20the%20global%20 fashion%20map.
3 Louis Vuitton Malletier vs www.Haute24.Com & Ors [2022] CS(COMM) 874[2022 ]& I.A. 21457/2022
Copyright Act was introduced in the year 19574, this act protected an artist’s designs and work, the Design Act 20005, and the Geographical Indication Act of Goods Act of 19996, and The Trademark Act of 19997 are the main laws8 that govern and safeguard intellectual property rights in the fashion sector in India. The laws that have a significant role in the fashion industry are:
1. The Copyright Act, 1957
The Copyright act of 1957 protects the Intellectual Property of a person. It was basically made to provide protection against an artist’s art, literature, music, architecture and other artistic formation. The most recent amendment was made in the year 2012 by The Copyright (Amendment) Act, 2012.
2. The Trademark Act, 1999
The Trademarks Law was replaced by the Trade and Industry Law of 1958. The law provides for the registration of trademarks so that trademark owners can obtain legal rights for their specific use.
3. The Geographical Indication of Goods Act, 19999
The Geographical Indication of Goods Act, 1999 protects the art or works of a particular region or state. It is made to safeguard the work based on geographical origin. For example: Banarasi saree, Pashmina shawl, Agra Petha etc.
4. The Consumer Protection Act, 201910
The Consumer Protection Act,2019 was introduced after the amendment made to The CPA 1986. It protects the consumers from any kind of unfair trade practices. The new
4 The Copyright Act, no. 14 of 1957, India
5 The Design Act 2000
6 The Geographical Indication Act of Goods Act of 1999
7 The Trademark Act of 1999
8 Kanishka singh, An overview of fashion laws in India(2023) iPleaders
9 The Geographical Indication of Goods Act, 1999
10 The Consumer Protection Act, 2019
act now also includes malpractices which happen on online platforms which was earlier not present.
5. Patents
Patents protect the distinctive designs of various designers and providing recognition to the artist. Although the exclusive rights to their invention for a limited period, it encourages innovation and protects the inventor’s investment and can be renewed.
6. Foreign Trade Policy
The Foreign Trade Policy regulates the import and export of goods of the country. It lays out the restrictions and regulations necessary for the exchange of goods or services to or from a foreign country. AUTHORISED AGENCIES Fashion law has evolved in India a lot over years encompassing all the legal aspects related to the Fashion industry now. Initially, intellectual property laws, such as trademark and copyright, were crucial for protecting designs and logos but now with the growth of the fashion industry, issues like counterfeit products (e. g. 1st copy or 2nd copy luxury items) and plagiarism got into the attention too. In recent years, the legal horizon has expanded, and now it also includes issues like labour rights, ethical and moral practices, and sustainability.
Organisations like Fashion Foundation of India (FFI), Fashion Design Council of India (FDCI), Apparels Export Promotion Council (APEC)11 plays a role in advocating and shaping relevant legal frameworks necessary for the Fashion industry. While many trivial and specific laws are still ongoing development, broader laws (IP, Contracts, labour laws) are influencing the working of the fashion sector of our country. As the industry continues to grow, legal considerations will likely become more specialised and refined.
SCOPE
IN FASHION LAW Fashion law aids in safeguarding and regulating the diverse processes within the fashion sector, encompassing the development, design, embroidery, styling, publication, and brand protection 11 Prakriti Dutta, Fashion Laws and Its Scope in India, THE AMIKUSCURIAE, https://www.amicuscuriae.com. of garment ideas. This vast field involves adherence to various statutes and rules. A comprehensive understanding of these legal aspects is important to understand the nuances of the fashion industry effectively. Talking about the scope in fashion law in India, there are various ways in which fashion law can be practised by a lawyer. It includes:
1. Directly working in the fashion firm as their legal advisor or
2. Working at a law firm and representing their fashion clients.
Other employment opportunities also include Media houses, Fashion labels, Apparel companies (such as H&M, Zara). Every fashion lawyer should firstly be accustomed with the fashion industry and its working. The person should have some passion and enthusiasm for the things related to this sector. As we discussed in the beginning of the paragraph, some fashion companies or designer labels have a separate department for legal issues while others outsource it from law firms to handle their legal issues. So basically, a lawyer with passion for both Fashion and Law will outshine in the client’s eye and will help him/her in the professional field.
CONCLUSION
The integration of fashion into the realm of law is evident through its various subparts, such as intellectual property, labour, and contracts. Intellectual property, including copyright and trademark laws, plays a pivotal role in protecting designers and brands, as seen in cases like Louis Vuitton vs. Haute24. The legal landscape has evolved over the years, addressing issues like counterfeit products and embracing broader concerns like ethical practices and sustainability. As the industry continues to thrive, legal considerations are expected to become more specialised, with organisations like FFI and FDCI contributing to this evolution. Fashion law not only safeguards intellectual property but also regulates diverse processes within the sector, ranging from design to brand protection.
With the industry's projected growth, lawyers specialising in fashion law can find diverse opportunities, including direct roles in fashion firms or representation at law firms. Passion and understanding of both fashion and law are deemed crucial for success in this dynamic field, where legal expertise is integral to navigating the complexities of the ever-evolving fashion industry. At the end I would like to say that Fashion in itself is a diverse industry and as you get to know it more, you will learn its more than just wigs, gowns and fancies.