Fashion Related Laws
Fashion Industry looks very glamorous from a distance. At the same time, it is also very difficult for fashion designers to come up with a new form of expression of their ideas in order to stand out in the industry. Duplicating of designs is genuinely not a very difficult task if the person knows proper techniques to slide away with such duplication into the market. Specially, duplicating a highly expensive brand and selling the similar kind of design at a much lower cost turns out to be a huge loss for that specific expensive brand. However, fashion designers do have the rights to protect their designs and claim for such a protection in the court of law. Fashion designers must keep in mind that even if the defendant’s work is found to be substantially similar or even identical to an earlier work, it would still be copyrightable as long as it can be shown by the defendant that he created the work independently of the plaintiff’s work. If the author has utilized the plaintiff’s work, then he must show that he has contributed something more than merely trivial variations, something that can be recognized as his own. At the same time, the author must be able to show some labor, which emerges from his intellect. A drawing which is simply traced from another drawing is not an original artistic work; a drawing which is made without any copying from anything originates with the artist. The Copyright Act, 1957 recognizes artistic work, be it in the form of drawing, two dimensional or three dimensional; however Section 15 of the Act restricts copyright in those designs which are registered under the Designs Act, 2000.
If we look a little wider and focus, there is piracy everywhere, the most in the fashion industry. Girls are always interested to know about the best places for street shopping once they move into a new city. This huge hub for street shopping is the storehouse for counterfeited goods. There are clothes belonging to highly international brands which are available at 1/4th of their original price. Hence, such act of unlawful import or export of goods leading to counterfeiting of goods is prohibited by Section 11 of the Customs Act, 1962.
As a part of our full service law firm, we have a group of team to handle virtually every kind of legal matter, combined with a knowledge and understanding of the unique business issues faced by fashion industry companies in today’s global marketplace.