Open Access Open Access  Restricted Access Subscription Access

IPR Registration in Fashion Industry of India


Affiliations
1 National Institute of Fashion Technology, MP Bhoj (Open) University Campus, Kolar Rd, Bhopal, Madhya Pradesh - 462 016, India
 

Fashion industry plays an important role in Indian Economy. The paper aims to identify the reasons for low rate of registration of Industrial Design, Copyright, Patent and Trademark by the Indian fashion industry. With wide range of products of Fashion apparel, Accessories and Life style products being produced in India and exported to the world but the designers and export houses do not actively do registration of IPR of ‘New’ Product developed. Field survey was conducted and questionnaire was administered to respondents to collect response from them regarding their awareness towards IPR registration and its benefits. From the study it was concluded that though many sectors are unaware of IPR registration, Designers and corporate who are aware are still slow in registration due to complication in filing procedure of IPR registration, cost involved and having less knowledge about the benefits of registration. However, due to efforts of Indian Government the IPR registration rate are increasing but still due to complexity in IPR registration law the ‘Inventor’ is still not clear of his rights.

Keywords

Fashion Industry, Trademark, Industrial Design, Copyright, Newness, Innovation, Community Design Protection System, Innovative Design Protection And Piracy Prevention Act, Theory of ’piracy Paradox.
User
Notifications
Font Size

  • Holton P, Intellectual property laws for fashion designers need no embellishment: They are already in style, Journal o f Corporation Law, 39 (2) (2014) 415-436.
  • CII recommends better IPR regime, capacity building in design development (25 April 2011), Account fintech, http://search.proquest.com (accessed on 12 March 2015).
  • IP and Business: Intellectual Property in the Fashion Industry, WIPO Magazine (2005), http://www.wipo.int/wipo_magazine/en/2005/03/ (accessed on 12 March 2015).
  • Bach l, Cohendet P, Penin J & Simon L, Creative industries and the IPR dilemma between appropriation and creation: Some insights from the videogame and music industries, International Management, 14 (3) (2010).
  • Raustiala K & Sprigman C, The piracy paradox: Innovation and intellectual property in fashion design, Virginia Law Review, 92 (8) (2006) 1687-1778.
  • Nurani N, The implementation of TRIPS-WTO in the protection of IPR over fashion trademark of creative industry as an effort to improve global competitiveness, International Journal o f Trade, Economics and Finance, 5 (3) (2014), 285-291.
  • World Intellectual Property Right Day, Federation of Indian Chamber of Commerce and Industries with Intellectual Property Office: India (2014), ipindia.nic.in (accessed on 20 March 2015).
  • Annual Report (2017-18) Ministry of Commerce, Department of Industrial policy and Promotion, https://dipp.gov.in/anual-report/annual-report-2017-18.
  • Intellectual Property in India, Office of The Controller General of Patents, Designs, Trade Mark and Geographical Indication, Ministry of Commerce and Industry, Annual Report 2012-13, www.ipindia.nic.in (accessed on 20 March 2015).

Abstract Views: 339

PDF Views: 163




  • IPR Registration in Fashion Industry of India

Abstract Views: 339  |  PDF Views: 163

Authors

Vishaka Agarwal
National Institute of Fashion Technology, MP Bhoj (Open) University Campus, Kolar Rd, Bhopal, Madhya Pradesh - 462 016, India

Abstract


Fashion industry plays an important role in Indian Economy. The paper aims to identify the reasons for low rate of registration of Industrial Design, Copyright, Patent and Trademark by the Indian fashion industry. With wide range of products of Fashion apparel, Accessories and Life style products being produced in India and exported to the world but the designers and export houses do not actively do registration of IPR of ‘New’ Product developed. Field survey was conducted and questionnaire was administered to respondents to collect response from them regarding their awareness towards IPR registration and its benefits. From the study it was concluded that though many sectors are unaware of IPR registration, Designers and corporate who are aware are still slow in registration due to complication in filing procedure of IPR registration, cost involved and having less knowledge about the benefits of registration. However, due to efforts of Indian Government the IPR registration rate are increasing but still due to complexity in IPR registration law the ‘Inventor’ is still not clear of his rights.

Keywords


Fashion Industry, Trademark, Industrial Design, Copyright, Newness, Innovation, Community Design Protection System, Innovative Design Protection And Piracy Prevention Act, Theory of ’piracy Paradox.

References