A Review of Design Protection Laws Relating to Intellectual Property Rights in the Fashion Industry

Ms. Prachi Rai & Dr. Vartika Saxena
DOI:

Abstract

The suitability of current legal frameworks for safeguarding fashion designs is the main focus of this study, which explores the relationship between intellectual property rights and the Indian fashion industry. The main goal is to assess how well Indian intellectual property laws, more especially, the Designs Act of 2000, the Copyright Act of 1957, and the Trade Marks Act of 1999, address the fast-paced and dynamic nature of the fashion industry. This study uses a doctrinal research methodology and incorporates information from international conventions like TRIPS, statutes, court rulings, and comparative analysis between the legal systems of the United States and the European Union. The study shows that although Indian IP laws provide some protection, they are disjointed and unprepared to handle issues like design piracy, fast fashion replication, and insufficient enforcement. Judicial inconsistencies and the pressing need for legal reform are highlighted by case studies, which include seminal rulings such as Christian Louboutin v. Yves Saint Laurent and Ritika Pvt. Ltd. v. Biba Apparels. The study also examines economic aspects such as IP valuation and commercialisation, emphasising the necessity of policy interventions, IP literacy, and a sui generis law tailored to the fashion industry. According to the findings, in order to sustain creativity, a more unified, flexible, and designer-friendly intellectual property regime is required to foster innovation and increase India’s level of global competitiveness in the fashion sector.

Keywords

Fashion Law, Intellectual Property Rights, Design Protection, Trademark, Indian Legal Framework, Sui Generis Law, Fashion Industry