Journal of Intellectual Property Rights

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Fashion Design and Intellectual Property Rights: An Indian Perspective


Affiliations
1 Amity Institute of Advanced Legal Studies, Amity University, Noida – 201 313, Uttar Pradesh,, India

IP protection to fashion design is in a transition phase due to the uncertainties as to the protection and the awareness of the same among fashion designers. In addition to this, there is a significant overlapping of the Design Act, 2000 and the Copyright Act, 1957, when it comes to protecting design. The filing trends of design is not categorically analysed backed by a viable approach to promote design protection. Against this background, the present article is an attempt to locate various issues involved in the protection of fashion design, covering its evolution, available, protections, overlapping of relevant legislations, design piracy and undertake an analysis of the recent filing trends in fashion design domain and possible suggestions.
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  • Fashion Design and Intellectual Property Rights: An Indian Perspective

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Authors

Sameer Kumar Swarup
Amity Institute of Advanced Legal Studies, Amity University, Noida – 201 313, Uttar Pradesh,, India
Sachin Rastogi
Amity Institute of Advanced Legal Studies, Amity University, Noida – 201 313, Uttar Pradesh,, India

Abstract


IP protection to fashion design is in a transition phase due to the uncertainties as to the protection and the awareness of the same among fashion designers. In addition to this, there is a significant overlapping of the Design Act, 2000 and the Copyright Act, 1957, when it comes to protecting design. The filing trends of design is not categorically analysed backed by a viable approach to promote design protection. Against this background, the present article is an attempt to locate various issues involved in the protection of fashion design, covering its evolution, available, protections, overlapping of relevant legislations, design piracy and undertake an analysis of the recent filing trends in fashion design domain and possible suggestions.