An overview of fashion laws in India

Fashion is a sort of art that allows people to express themselves. Fashion law has emerged as a response to societal trends. It is a type of protection offered to fashion designers, distributors, photographers, media agencies, and retailers. It includes a wide range of responsibilities such as dissolving company entities, advertising for brand growth, intellectual property monetization, franchising, merchandising, and so on. The fad has also aroused the curiosity of the Indian legal fraternity, which has begun to establish roots in the Indian soil. 

Fashion laws

Fashion law is frequently defined as a synthesis of numerous laws, including contract law, employment law, consumer protection law, corporate law, real estate law, tax law, business law, and IPR law. It is also known as Apparel Law since it covers the entire life of a garment, from creation to brand protection. Fashion law frequently addresses safety, sustainability, and consumer protection. Fashion lawyers advise clients on legal issues affecting the fashion, textile, clothing, luxury, footwear, jewellery, and cosmetics businesses. They help to write and negotiate contracts, as well as litigate trademark, copyright, and other intellectual property rights.

History of fashion laws

• Fashion laws can be traced back to French history. Fashion has been an integral component of French colonisation since the 17th century, as patterns and textiles have evolved and spread over the world. Traces of fashion law can also be found in mediaeval Europe, where sumptuary laws governing clothing were employed to restrict social position and wealth. 

• These regulations restrict the types of materials, colours, and designs that can be worn by members of a specific class. Another notable shift in fashion law history was the introduction of intellectual property rights. France established the Chambre Syndicale de la Haute Parisienne in 1868 to protect fashion designers' rights.

• The business also invented the concept of original design and safeguarded its designs against copycats. Labour law emerged in the twentieth century, protecting workers in the fashion sector. The Fair Labour Standards Act, enacted in 1938, was one of the legislation introduced in the United States.

•  The law serves to regulate working conditions, such as the minimum salary and maximum working hours. Fashion law expanded globally in the twenty-first century as designers and retailers began to collaborate across boundaries. The World Trade Organisation was established in 1995 to stimulate and promote free and fair trade around the world. Environmental restrictions began to develop as an integral aspect of the fashion business.

Emergence of fashion laws in India

The availability of protection for traditional textile designs and skills may have contributed to the formation of fashion law in India. Since ancient times, Indian culture has taken pleasure in its traditional textile designs and skills. There were over 1,000 handloom weavers in the early 1990s, but this figure had dropped substantially to 30 by 2002. The primary reasons for such a drop were:

• Demand for traditional Indian attire in India is declining as Western clothing becomes more popular.

• The use of synthetic materials has expanded in India. As a result, there was a decrease in demand for clothing.

• Another factor contributing to the downfall was a shortage of funding and trained workers.

Since India was one of the world's major producers of cotton, jute, and silk, monuments were required to preserve the Indian textile industry. Furthermore, the fashion industry contributes significantly to the Indian economy and helps to produce employment. Because of these causes, fashion law emerged in India. Though it is still developing throughout the country.

Laws related to fashion 

Fashion is an essential component of modern culture. Because the business encompasses a wide range of occupations, fashion law is governed by several regulations that protect designers, photographers, retailers, wholesalers, and customers. Fashion law can be separated into two parts:

• Fashion and IPR

• Fashion and Other Rights 

Furthermore, the offended person has a legal right to prevent copying or counterfeiting from occurring. They might seek an injunction against the wrongdoer who exploited the pirated content. Even retailers can preserve their supplies under Indian law.

Fashion and IPR

Intellectual property laws frequently protect the creation of the human intellect. It could contain artworks, literary innovations, and so on. Any individual who has made a novel or distinctive creation can have their rights protected. As a creative industry, fashion encompasses creating, manufacturing, and dealing with fresh and unique designs for clothing, accessories, and jewellery. Thus, IPR has a substantial impact on the fashion sector. The Copyright Act of 1957, the Design Act of 2000, and the Geographical Indications Act of 1999 appear to control India's intellectual property rights in the garment and design industries.

Design and fashion industry

The Design Act of 2000 strongly safeguards designs in India. Design is described as any unique shape, pattern, colour, or combination that distinguishes the garments from one another. The third schedule of Design Rules 2000 protects it under classes 2, 3,5, 10, and 11. It was implemented to preserve nonfunctional parts of the product that have aesthetic value, such as the arrangement of shapes, embellishments, lines, and so on. Furthermore, the act safeguards designs from piracy. This is indicated in Section 22(4) of the Act, which specifies that in cases of piracy, the infringement must pay the registered proprietor a sum of not more than Rs 25,000. Furthermore, the registered proprietor may be issued an injunction against the infringer.

• Damages cannot be claimed unless the design is registered. To register as designs under the legislation, the following conditions must be met:

• The creation should be original.

• Before the registration date, the invention should not be divulged anyplace in India or any other country.

• The creation should stand out from other designs or combinations of designs.

• The creation should not contain any scandalous or indecent content.

Patents and fashion

Fashion designers do not seek protection under the Patent Act. However, as technology has advanced, designers have begun to use new technologies to make shoes, jewellery, fabrics, and other products. One example of technological and artistic innovation can be seen at the Spring Summer 2023 Paris Fashion Week event, where a brand called Coperani sprayed liquid fibre on the model. The liquid fibre was later transformed into a stunning garment. To register the innovation under the patent, it must be new and nonobvious. Aside from that, it should be practical and unique. The patent holder owns his or her invention, whether it is a product, design, or procedure relevant to the fashion industry.

CONCLUSION

People have long used fashion to express themselves and create art. However, it has been susceptible to piracy and counterfeiting. These activities frequently discourage creative people, so good rules and regulations are necessary to protect them. India, as a fashion pioneer, is gradually growing to implement effective laws and regulations for the sector.