Fashion Laws in India: Crafting Protection in the Fashion World
Fashion is more than just clothing. It is a form of art and embodiment of identity. On the global fashion map, India boasts of a rich textile heritage. We are also the largest producers of silk, cotton and jute. Keeping this in mind, it is imperative to protect the creative endeavours that accelerate this growth. This has further resulted in the emergence of fashion laws. There are various fashion laws in India that protect and safeguard the products made by wholesalers, fashion designers, photographers and other media agencies. IPR is also important in the fashion industry. IPR refers to Intellectual Property Rights. It is applicable on footwear, clothes, accessories and jewellery.
Fashion law combines IP, contract law, business law and international trade.
Fashion Laws in India that Protect your Brand
Copyright Law, 1957
Fashion articles and garments usually include artistic designs and embroidery. It is easy for someone to steal and replicate it. This law applies to original artistic works. When a third person steals it, it is referred to as intellectual theft of property. In order to protect the unique designs, patterns and colours made by fashion designers, India has the copyright act of 1957.
Designs Act, 2000
The Designs Act promises direct protection to fashion designers in India. Clothes that have distinctive designs, patterns, colours and combinations are protected by the Design Act of 2000. This fashion law prohibits design piracy. Once a design has been made, the designer or brand can register it for exclusive rights. Rights are given for 10 years and can be extended for 15 years. With trends changing every now and then, this can even be an expensive process for certain designers. When they roll out new collections, they will have to apply for an exclusive design right.
Trade Marks Act, 1999
The Trade Marks Act not just applies to fashion brands but brands in other industries too. Every brand has a logo, symbol and name. Some brands even have specific design features. These distinctive features help differentiate one brand from the other. It also helps build a brand’s visibility and credibility. Trademarks are usually unique. They provide protection against counterfeit and brand dilution.
Labour Laws
The Indian fashion industry is also one of the largest employment generating industries in our country. Keeping this in mind, imposing strict labour laws are important. The Indian fashion industry employs both men and women. To protect their rights, working conditions and safety of employees, labour laws have been formed. Since the industry employs millions of jobs for people, regulation is of utmost importance. A few labour laws that are in effect in the fashion industry are the Industrial Dispute Act of 1947, Payment Wages Act and the Factories Act of 1948.
Patent Law
Though it is rare in fashion, there is an emerging fashion idea and brand every minute. For the same, a lot of fashion designers have also started applying for patents. It is an act that protects your designs, ideas and dreams. The Patent Act of 1970 is registered with the Patent office. Once the patent has been registered, only the patent holder can use the design. If violated, lawsuits can also be filed for the same.
Environmental Laws
Students pursuing fashion and apparel designing courses at private design colleges in India are also taught about environmental laws. The textile industry is also one of the largest contributors of pollution in our country. The environmental laws ban the use of chemicals and dyes in the production of textiles. The government of India has made it mandatory to follow certain procedures as far as air and water pollution is concerned.
Geographical Indications of Goods Act, 1999
When we think of Indian fashion, it is nothing but a mixed bag of culture. Apparel and clothing come from every part of India. Whether it’s Rajasthan, Punjab or Gujarat, each state has its own unique traditional dress and artisans. The Geographical Indications of Goods Act aims at protecting and preserving distinct traditional textiles and handicrafts of India. It is also one of the most important fashion laws in India that often goes unnoticed because of the copycat culture in Indian retail.
In Summary
As a fashion design student, knowing these laws is very important. No matter which field of fashion you get into, having fair knowledge about each of these acts will help you protect your design and brand in the future. For this reason, fashion design schools in India have a separate module dedicated to fashion laws and intellectual property.
