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IPR and Indian Fashion Industry: Challenges and Possibility


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1 School of Fashion Design, Lovely Professional University, G.T. Road, Phagwara — 144 411, Punjab, India
 

The fashion industry is principally driven by creation and innovation. The connection that the Global fashion industry has with Intellectual Property Rights is well documented, however, in India; the comprehensive understanding of the link between fashion and IPR laws is still at a nascent stage. The big fashion houses can exercise control over their creations through the right choice of IPR laws but the local, smaller, and emerging sector is more deserted in protecting their intellectual assets. Also, ignorance about IPR infringement among fashion firms and a lack of stringent reprimands from policymakers have accelerated consumerism among fashion-conscious consumers by serving counterfeiting products, building confusion, and devaluing creativity. This article is segmented into three major parts to shed light on the challenges encountered by small fashion firms, designers, fashion start-ups, and rural textile artisans with respect to protecting intellectual property. The initial segment will give a short insight into the IPR options like copyrights, design registration, patents, and trademark, available for the fashion domain and their applicability, moving towards the specific challenges faced by the local design houses and craftsmen, and finally compiling the possibility of amendments required in IPR laws for the Indian fashion, apparel, and handicraft sectors.

Keywords

Intellectual Property Rights, Indian Fashion Industry, Indian Fashion Laws, Creativity and Innovation, Consumerism, Counterfeit Fashion
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  • IPR and Indian Fashion Industry: Challenges and Possibility

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Authors

Neha Sah
School of Fashion Design, Lovely Professional University, G.T. Road, Phagwara — 144 411, Punjab, India
Ezhilanban J. J.
School of Fashion Design, Lovely Professional University, G.T. Road, Phagwara — 144 411, Punjab, India

Abstract


The fashion industry is principally driven by creation and innovation. The connection that the Global fashion industry has with Intellectual Property Rights is well documented, however, in India; the comprehensive understanding of the link between fashion and IPR laws is still at a nascent stage. The big fashion houses can exercise control over their creations through the right choice of IPR laws but the local, smaller, and emerging sector is more deserted in protecting their intellectual assets. Also, ignorance about IPR infringement among fashion firms and a lack of stringent reprimands from policymakers have accelerated consumerism among fashion-conscious consumers by serving counterfeiting products, building confusion, and devaluing creativity. This article is segmented into three major parts to shed light on the challenges encountered by small fashion firms, designers, fashion start-ups, and rural textile artisans with respect to protecting intellectual property. The initial segment will give a short insight into the IPR options like copyrights, design registration, patents, and trademark, available for the fashion domain and their applicability, moving towards the specific challenges faced by the local design houses and craftsmen, and finally compiling the possibility of amendments required in IPR laws for the Indian fashion, apparel, and handicraft sectors.

Keywords


Intellectual Property Rights, Indian Fashion Industry, Indian Fashion Laws, Creativity and Innovation, Consumerism, Counterfeit Fashion

References