“You can have anything you want in life if you dress for it”

~ EDITH HEAD

Fashion is a broader concept that goes beyond the clothes a person wears and is intertwined with the constant interaction between garment, personality, and culture. This approach to studying clothing in literature, culture, and law shows how thoroughly our actual material, political-legal, psychological-mental, and intellectual existence is bound up with the fabric of clothing.

This experimental vantage[1] emphasizes the necessity of scrutinizing such archetypal notions as fashion, body of law, norm, text and identity that repeatedly return in the artefactual field. As Watt correctly notes, both law and dress are distinguished means of demarcating the human civil society from animal life. In addition, clothing and other forms of adornment are the buffers between the bare self and society, analogous to the law’s position between individuals and civil society[2] at large. As this comparison shows, fashion occupies a major place in people’s communication and defining their conduct, just like the legal framework does.

In the current era, where everyone is concerned about what they wear, how they style, and which accessories match with the look, fashion has taken a front seat among this generation. A major chunk of society, especially the youngsters are nowadays more concerned about how their fashion sense is and how they look and match outfits. Whether it be going to college, or workplace or simply to the nearby market place, what mainly matters for them is their look and outfit. Fashion law continues to shape the economy[3] in a new way. The worth of fashion and lifestyle in India is steadily growing, and it is predicted[4] to rise from eleven billion dollars to thirty-five billion dollars by 2028 for a 25% compounded annual growth rate.

Large brands such as Louis Philippe and Puma have even enjoyed an increase of 34% of their sales being made online amounting to two billion five hundred million dollars from the year 2019 up to the year 2023. At the same time, these online-first brands like The Souled Store and Bewakoof have risen to 33% or two billion four hundred million dollars and expected to rise to ten billion dollars by the year 2028.

Of total two billion seventy-six hundred million dollars invested from January 2018 until May 2023, nine hundred fifty million dollars were committed to the operations of the firm’s offering beauty and personal care products and services online, four hundred thirty million dollars, to the companies operating in the online apparel segment, and one hundred fifty billion dollars, to the jewellery and accessories online market players.

This trend shows how rapidly the fashion sector of India[5] has digitized and how big it has grown. Similarly, employment opportunities in the fashion industry in the United States of America today has grown subsequently and in the year 2012 only, the industry realized more than three hundred thirty billion dollars income.

The U. S. apparel market alone is estimated[6] to be at two hundred twenty-five billion dollars and is predicted to rise to two hundred eight five billion dollars by 2025 and the EU apparel market from three hundred fifty billion dollars to four hundred forty billion dollars by the same time. These numbers explain high correlation between the fashion industry and other spheres of the economy.

This shows that there has been increase in demands for branded clothes, accessories and appraisals among the population of the society. But it has been observed that, when some people go out for branded items, the many others, including teenagers, often look for a short cut way to spend less money and benefit more, which often leads to inclination towards purchasing fake brands. Especially, in countries like India, where although there are multiple fashion industries, but due to lack of proper fashion-related laws and due to lack of implementation of the existing laws, the counterfeits brands[7] are getting easy way out. New Delhi’s Sarojini Nagar and Lajpat Nagar are famous markets for people looking for duplicate products of big brands at throwaway prices.

These areas provide affordable knock off products with customer looking for the brand name look and feel without having to pay the hefty prices. Likewise, the Canal Street in Chinatown, USA has emerged as a prime market for counterfeit items. The interest in this market comes from tourists and local people who engage in purchasing counterfeit goods. The locations in both India and America have become renowned for selling these “knock-off” products cheaper than actual replicas, attracting the seekers of cheap goods and imitations that give an aura of brands without the actual price tag.

To limit these counterfeits and misuse, in India, the Fashion Design Council of India[8] (FDCI) was established in 2008, with the aim of endorsing and encouraging the Indian fashion designers to grow their brands in a sustainable way. This approach was followed in both national[9] and international way. Just like Paris, the FDCI also organises fashion events like the “bi-annual India Fashion Week” and the “Indian Couture week” in New Delhi. The Council was primarily a Non-Profit Organisation but is known to collaborate with various ministries of the Indian govt. The Textile Ministry, Ministry of Commerce & Industry[10] and some international organisations have been a part of such collaborations.

1.    History of indian fashion laws

In India, from ancient Hindu royal family, sarees have been shining in spotlight showing its unique couture to the world. Some timeline[11] can be traced back upon the greatest Epics and texts from the Mahabharata, Ramayana, Purans where God, Goddess and the demons which have highlighted their headgears, crowns, dresses, weapons that is again being brought under the theme of Mythology in fashion world.

Again, if we take a look in this era, be it the beautiful Princess Diana[12] in a black dress with cold hands, on the last royal wedding dress she wore to Meghan Henry, is drawn to our lower jaw dropping, with a touch of curiosity, for the design[13] of a royal white wedding dress; or Bollywood stars re-wearing their outfits to more than one events, fashion has always been on the highlight.

In ancient India, clothing was not just functional but also symbolic. The vibrant drapes of sarees and dhotis, adorned with intricate embroideries and prints, spoke volumes about the wearer’s social status and region. The history of traditional Indian clothing[14] can be dated back to the Indus valley civilization which lasted from 3300 BC to 1300 BC.

This civilization set the basis for one of the richest and most diverse textile cultures of the world as it is known today. The saree like garment is found for the first time in Mauryan Art works of 322 BCE-187 BCE, where figures are depicted wearing sarees and ornaments. The indication of these findings is that the most rudimentary aspect of the saree, which is an attire that plays a crucial role in fashionable clothing in India to the present day, has its origins more than 2000 years ago.

The textile industry in India, in fact, goes back many centuries preceding the structured fashion industry in the global society through the exportation of silk and cotton. The expertise of the country in textile production made the fabric market in this country to expand to another level. By around 300 CE, India learnt the Chinese technique of making silk and developed what would be the centres of silk-weaving like Cochin, Gujarat, Varanasi and Delhi among others. Every province began to work on their distinguished designs[15] and skills, thus enhancing the folklore of Indian textile art.

Silk was especially favoured among royalty and the emergent classes due to its rich appearance and feel. The materiality of silk included its softness, shine, and its ability to accommodate detailed weaves as well as its associated connection with luxury and regality which went hand-in-hand with items such as crown and formal costumes. New possibilities for the use of silk fabrics emerged at the beginning of the 16th century with the beginning of the Mughal Empire, the details[16] and prints became even more complex, and Persian and Indian influence produced wonderful new products.

During this period some innovations trends were invented such as the zardozi or metallic embroidery and the utilization of material such as the brocade fabric. Nevertheless, fashion continued to be a prerogative of the rich only. Fine silk clothing and accessories, jewelleries, lehengas and sherwanis were also a part of the aristocracy and royalty, besides ornamental work done by artisans. These garments were considered as ornaments and used stones, gold, silken and bright thread, and costly sewing as signs of high status.

The mass population, however, wore less elaborate clothes that adhered more to utility and they were made of cotton or wool. Due to such a rich past of textile production and designing, India is destined to be a significant part of the fashion industry even in the future. While the gap between the creation and usage of fabric has widened, Indian fashion[17] has grown and sustained its traditions from the ancient drapes of the Indus valley to the luxurious silks and brocades of the Mughal courts.

It was the East India Company that first brought Anglo fashion[18] to the country by introducing skirts, trousers, and blouses. These styles were enforced for the British office clerks in first instance and then they were adapted by the nobility. Fashion was defined as an item or custom that was concern before colonization which was only worn by the rich. The impact of the caste system by British, existed in India for centuries, professing one’s code and status through the type of clothing allowed. For instance, the poor farmers and the clerks used to wear dhotis and the cotton sarees whereas the soldiers used to wear armour.

Those clothing items that were handmade from locally sourced cotton were more typical of the lower stratum of society, which had little use for fashionable clothing. Imposed fashion norms were present during the colonial period and affected the middle class through poverty and oppression, thus the growth of the industry.

After gaining independence, there was a fresher approach[19] towards the Indian textiles and their craftsmanship. Indigenous styles were later introduced and made famous by public figures like Jawaharlal Nehru, and the Nehru jacket for example. To appeal to the youth of India, contemporary Indian fashion combines features of ethnic and Western clothing, and using different elements and materials that Indian designers incorporate into their organza gowns and Indo-Western wear.

Most of the outfits of the India can be attributed to the geographic diversities present in the country ranging from Bandhani of Gujarat to Kanjeevaram saree of Tamil Nadu. The handloom[20] movement brought back the historical modes of weaving fabrics and gave artisans a boost along with advocating for sustainable clothing.

2.    What is fashion law?

Fashion law[21] is rich legal science, which does not limit itself to as single branch of the law, rather it involves multiple legal areas such as, the intellectual property, the industrial law, the product distribution and the 3D-printing. This is a relatively new and developing area of interest; however, the worldwide aspect can be seen in international agreements and the manner in which products are manufactured and delivered. Fashion law examines the legal issues that concern establishments involved in fashion and designers, much like other branches of law that relate to business and property ownership.

Fashion law[22] covers the concept, design, production, promotion as well as sale of fashion goods and products to the market. Thus, it can be divided into two subcategories: copyrights and industrial property law; however, it also touches on business and financial options in a broader sense.

Definitely, the fashion and apparel industry are present and the media has a critical influence in transmission of fashion analysis and fashion commentaries that educate people on the emerging designers and their work, but the fashion designers do not have the same legal rights as the artistic designers have in other disciplines, such as, visual and graphic arts, music, films, and dances. This may be due to the fact that fashion design is a form of property that is comparatively more complicated than other fields of creativity.

3.    Fashion laws in India

India, the land of diversity and freedom, doesn’t prohibit or restrict any individual from expressing themselves. Be it in the form of freedom of speech and expression or freedom to practice, propagate and profess any religion of their own choice. Similarly, the Indian laws allows individual to wear anything of their own choice. The youth mass of the 21^st century are more focused about their fashion sense than anything else. We can look anywhere in the streets today, and will definitely find various fashion trends amongst the population. The growing demand among the Indians also resulted in growing demand about branded clothes, accessories and appraisals too.

But it also led to increase in the business of counterfeits, as many people cannot generally afford these high-priced brands and often sought after duplicate products. Many places in India have become the hub of these fake brands and counterfeits like Abibas instead of Adidas, Mike instead of Nike etc. are available in Indian markets.

What commoners are not aware of, is the fact that, them buying these counterfeits are basically unlawful. A layman from a semi-urban or rural area does not have the idea or knowledge that it is unlawful to buy such counterfeits of branded items, as they are only concerned about the fashion trends and wants to follow those at lowest cost possible, without having to spend much money. Therefore, first and foremost, it is important to bring into knowledge of the people that such an act is gravely unlawful. Additionally, Indian laws on Fashion, including Intellectual property rights, copyright laws, etc. needs to be amended so as to include the maximum protection available to brands including designers and artists.

At present, the copyright protection in fashion world in India[23] are The Copyright Act, 1957; Designs Act, 2000; and The Geographical Indications of Goods (Registration and Protection) Act, 1999.

Fashion Laws is a rapidly growing specialty, which includes Copyright, Trademark, Designs, Patents and Licensing, but still fashion products do not fall within the areas of these areas of Intellectual Property. As the current copyright statute does not offer protection to fashion designs, Judicial interpretations[24] on copyright designs have consistently declined to give protection for clothing industries & fashion world. IPR is a way of protecting the originally created work against piracy. Protection is not made to the garment or the product as a whole but to the unique design or the brand mark it holds.

Under the copyright act, there is protection for literary and art works as long they are original, but does not protect functional items. For instance, whereas it is perfectly admissible that the print itself could be protected through copyright, the bag itself cannot be. The various trademarks themselves only protect the name and logo that is to be printed on the products while the designing and the colour of things such as the bag are easily infringed.

In legal terms, it is possible to mimic a major retailer’s product to counterfeit, so long as they do not use the same brand name. Patents deal with a new concept or an idea, for instance, new leather for bags but does not cover the design of the bag.[25] Thus, it becomes helpful for Indian businesses to make counterfeit products of famous brands by the exact same design and looks, just only by making a slight change to the logo or the name of the brand, as it is technically legal in India.

In order to overcome such issues, the parliament passed the Designs Act, thus increasing the scope of intellectual property rights to cover the fashion industry. It also has the intention of helping enhance creativity and fight against the ever so gradual death of creative economies. Also, Trade Dress, a comparatively newer concept added to the trademark laws with other regulations gives designers of fashion some relief from piracy. Therefore, whilst the fashion industry creations have been traditionally recognized as the trademark by many fashion businesses the new definition of trademark is much broader at the same time giving the new design protection framework.

The copyright act, 1957

Section 2(c)(i) of the Copyright act[26] (CRA) includes protection for fashion designers, if they make sketches or drawings of the designs they want to produce. While Section 14 specifically preserves copyright owner’s exclusive rights, it also offers limited reproduction rights for contracts between certain users and original owners, such as the right to reproduce the design, sell the design, and store the design or an image of the design in any medium, capture a picture or video of the design or an image of the design, and make a video of the design or an image of the design.

However, on selling the copyrighted designs or clothes by the copyright owner, these Section 14 rights are relinquished and the “Doctrine of Exhaustion” is applied. Additionally, to get protection under CRA, mandatory provisions include that the produced or shown work must be published in India or the owner must be the Indian citizen. Notably, moral rights are preserved even if the work is sold, which means designers are safeguarded when they develop something new.

The Indian Copyright Act also protects the intellectual property rights for the life of the creator and an additional 60 years upon their demise. According to the Indian law, the copyright subsists as soon as the work comes into existence and registration is not mandatory to obtain copyright. However, unlike termination notice for patents and trademarks, the registration certificate is looked at by the Indian courts as prima facie evidence in a copyright infringement lawsuit. This is to mean that although it is not compulsory to register for a work to be protected by copyright, it can prove essential beneficial in the case of disputes for the designers.

The designs act, 2000

This law[27] was passed to protect the non-graphic aspects of designs such as form, colour, pattern and arrangements of lines and ornaments. The Act also has section 4, that states that no design can be registered if it does not possess the characteristic of originality, has been published to the public, or is not significantly different from a registered design or design in use, or is obscene.

In India, the infringement of design is legally termed as ‘piracy of design’. The owners of the design in such a case have basic remedies[28] available through sections 22(2)(a) and 22(2)(b) of the Design Act. Further, about Classes 13 and 14 of the Fourth Schedule of the Designs Act, 1911, were specifically cited to protect the design of printed or woven, in textile material such as checks, stripes or any kind of pattern. This holistic approach seeks to offer protection on several aspects of aesthetics in fashion and textile business.

The statue law of section 15 of the Copyright Act makes it very clear that in situations where a design has been registered under the Designs Act, it will not be protected under the copyright laws. In addition, if the design has not been the registered under the Designs Act, then the copyright is gone once the article contains fifty in its industrial use. And in the subsequent stage protection can only be available under the Designs Act. The first step is design creation and the second is registration under Designs Act, 2000 which is incremental and is based on the principle of ‘whoever files first gets the right’.

Shielding and registration of copyrights and designs help in statutory actions. One must file designs before they are disclosed to the public because protection, once the design is launched, cannot be achieved easily. In India, it is governed by the Designs Act and for registration, the design has to be submitted to the Controller General. This process of registration entails recommendation and endorsement from the government design examiner. The system adopted within the given strategy guarantees legal protection to the designers without compromising the registration process.

Once the registration is done, the design owner is protected by law through the copyrights for 10 years from the registration date. This system involves the active registration of the designer in order to get legal protection unlike the copyright that the Copyright Act awards a creator automatically.

The geographical indications of goods (registration and protection) act, 1999

Protection with reference to the country’s fashion style may be achieved through this act.[29] This law makes it possible to safeguard the intellectual property that has a direct link with one specific region by applying for GI tags. Such tags mean that goods originate from a certain area and are entitled to protect their identity. Some companies like Fab India have effectively used techniques protected through the GI Act, with artisans from several areas in India. This has helped in the marketing of the regional products such as the MUGA silk from Assam, Banaras Sari and the Mysore silk of Karnataka; this was useful in maintaining the traditional products within fashion business.

Goods having the Geographical Location of India help in increasing the exports as it qualifies the category of being an originally produced good from India. Such an Act was introduced[30] in India after the issue on the Neem Extracting technique, which was accused to be copied by the US company W.R. Grace & Co. As the case succeeded, it was realised that the Neem extraction technique used by the US Company was different from the Indian ways.

In another case of 1995, a US Patent was granted to two NRI’s who introduced the use of turmeric for medicinal purposes and as a wound healing agent. The Council of Scientific and Industrial Research (CSIR) opposed this claim and contended that this use of turmeric was devised in India thousands of years ago and thus it is a “Prior Art”. An antique Sanskrit manuscript and a paper published in The Indian Medical Association Journal, 1953 were shown as evidence to the claim, for India to win the case.

The third case[31] which became the basis for the arising need of GI Act was the case of Basmati Rice. A US (Texas) based company, Rice Tec Inc., filed for a Patent under the new variety of rice discovered i.e., Basmati rice, wherein, The United States Patent and Trademarks Office (USPTO) approved the ‘Basmati Rice Line and Grains’ in 1997, after three years of examination and granted 20 claims to the company.

This patent was opposed by the Indian agriculturists and the team of scientists presented proofs, supporting the information that Basmati rice is a “Prior Art” in India. The evidences presented by India held a higher weightage and therefore, 15 out of the 20 claims made by the Rice Tec Inc. were rejected and only 5 claims were able to stand successfully in front of India. As a result of this, the patent was later cancelled by the USPTO.

The trademarks act,1999

This act[32] provides protection to both registered and unregistered trademarks. Sections 34 and 35 specifically provide protection to unregistered trademarks. Trademarks are not registered by the majority due to unawareness of the legal protection it offers and therefore a large number of goods and products remain unregistered in India.

Other bodies

Various organizations such as, the Fashion Foundation of India[33] (FFI) that has gathered most designers in the country, are already addressing issues to copyright and other issues affecting the fashion industry. To address the different Intellectual Property related issues coming from different design houses in India FFI is abreast of forming a legal cell.

Other institutions or organizations like Fashion Design Council of India[34] (FDCI) and Apparels Export Promotion Council[35] (AEPC) are also involved in handling issues to with fashion export and fashion products designs. These organizations, as a whole, have an aim to safeguard and advance the fashion industry’s interest in portfolio and design issues especially in the copyright.

4.    Suggestion for indian fashion laws

1. In India, the Copyright law helps in providing protection to the original literary or artistic work; however, it does not protect the functional creations. That point in particular means, a single person has the legal right to produce absolutely identical products to those of a huge chain store, so long as they do not use the label or logo. The legal protection is not given to the garment or the overall product but to the particular design that it contains or the logo it has i.e. Indian Fashion laws cannot safeguard the innovative cut and the general look and feel of the dress line, or it may be that the current laws do not allow for the protection of the specific way a garment is designed and constructed. Thus, counterfeits receive the opportunity of a leverage to produce exact products only with a minor modification in the logo. Hence, there is a need to introduce adjustments, which would help safeguard the totality of a created garment.
2. Fluctuations in apparels are tremendous, and in the fashion cycle major changes take place three times in a year. Thus, limitation exists in the sense that registration time needed by it is minimum 18 months. Therefore, to enhance their vigorous valuation, as in most circumstances it becomes inconsequential to file for new designs, laws may be changed to decrease the time period from 18 months to less.
3. Very often in constructing fashionable silhouettes each season, what is mainly accomplished is ‘a slight shift’ in the silhouette. This slight variation is not looked at as the ‘new idea’ and such cannot be protected by the laws. Thus, it seems that this should be taken into consideration and included also in the domain of fashion law.
4. Additionally, in order to seek protection under CRA, publication of such work is mandatory in India or the person who-authored must be a citizen of India. This should be looked into as Indian fashion laws should be in compliance with the international fashion laws as well for the better results.
5. There is a law to the effect that, where there is an unregistered design right, known as a copyright, once that article reaches the mark of fifty in industrial use that copyright will perish. On this, it should be amended so as to reduce the bar from fifty to less, as a particular brand may be stolen, after crossing the bar and before it is registered under Design’s act, as sometimes designers may take time to register their brands due to many technical reasons.
6. In India, what belongs to the copyright owner is protected with few exclusive rights for the rescue of the owner under section 14 of CRA. However, as soon as the copyright is sold by the owner that section is unavailable and the “Doctrine of Exhaustion” prevails. Thus, there is no longer protection of the initial idea of the designer. Therefore, similar to the situation in any legal system, amendments can be done in this area of the Indian laws as well.
7. Modifying the laws in such a way that not only the seller of the counterfeits will be held responsible but the purchaser will also liable, is suggested and those laws should be in compliance with the international laws too.
8. To educate and to make the public aware of the fact that how much damage these fake products are causing to the society.
9. To bring the awareness of the designers regarding the protection of their IP in the correct way to avoid such issues in the future.
10. India should also have proper up-to-date legislation that can address fashion laws violations perfectly and also avail adequate recourse for the upcoming designers.

5.    Conclusion

Fashion law is a relatively new and very broad legal field that touches upon such branches of multiple law as IP, copyright, trademark, and design rights. Analysing the tendencies of the modern fashion business, it is possible to conclude that the requirement in multifaceted legal regulation continues to expand.

Some countries, such as France and Italy, provide strong safeguard measures for fashion designs; however, some countries like China and the United States have certain restrictions on safeguarding fashion designs. As a country with a heritage in textiles and a burgeoning fashion industry, India has made progress toward creating legal frameworks, but there is further to go in offering satisfactory protection to fashion designs.

Legal protection for fashion designers is provided to some extent by the existing Indian laws such as Copyright Act and Designs Act along with Designs Act and Geographical Indications Act. However, there are some key areas that remain relatively unexplored. The recommendations made above, including decreasing registration time, exploring small deviations in designs, and raising awareness of fake products, may greatly enhance the legal framework for fashion in India. Since the fashion industry is growing all the time, introducing different technologies and global niches, legal systems must constantly change as well. This has presented a possibility of the formation of a distinct fashion law; which, established in conjunction with international laws could offer the required framework in as far as fashion creativity – innovation protection of this rapidly growing sector of the economy is concerned.

Lastly, it is critically important to establish a kind of compromise that will not allow the violation of designer’s rights, at the same time, not abusing the tendencies of fashion developments. In this way, by fostering creative industries, maintaining fashion’s cultural values and meanings and supporting economic growth and prosperity, fashion can successfully transform countries and the world we live in.

REFERENCES

& Country T, ‘The Story of Princess Diana’s Revenge Dress—And Why We Still Cant Get Enough of It’ (Town & Country, 26 November 2022) <https://www.townandcountrymag.com/style/fashion-trends/a41913960/princess-diana-revenge-dress-history/> accessed 14 July 2024

Adler DM, ‘Fashion Law – Protecting Brands and Designs’ (2012) 5 Landslide 21

‘AEPC | Home’ <https://www.aepcindia.com/> accessed 14 July 2024

Akash S, ‘Intellectual Property Rights in the Sector of the Fashion Industry in India’ (2023) 3 Part 2 Indian Journal of Integrated Research in Law 1

Baazar H, ‘Four “Spencer” Looks That Princess Diana Wore in Real Life’ <https://www.harpersbazaar.com/culture/film-tv/g38055697/spencer-looks-that-princess-diana-wore-in-real-life/> accessed 14 July 2024

Brewer MK, ‘Fashion Law: More than Wigs, Gowns, and Intellectual Property’ (2017) 54 San Diego Law Review 739

Buchalska J, ‘Fashion Law: A New Approach’ (2016) 7 Queen Mary Law Journal 13

Day ES, ‘Double-Edged Scissor’: Legal Protection for Fashion Design Comment’ (2007) 86 North Carolina Law Review 237

‘Designs Act, 2000’ <http://indiacode.nic.in/handle/123456789/1917> accessed 14 July 2024

Dutta R, ‘Fashion Law: Piracy, IPR and Other Legal Aspects’ (2022) 4 Issue 4 Indian Journal of Law and Legal Research 1

‘Fashion Design Council of India ( FDCI ) – Home’ <https://www.fdci.org/> accessed 14 July 2024

Fashion Law Association I, ‘About Fashion Law – INFLAA’ <https://www.inflaa.org/about-fashion-law/> accessed 14 July 2024

IIAD, ‘Fashion in India: Evolution & History of Fashion Industry in India’ (IIAD, 5 July 2018) <https://www.iiad.edu.in/the-circle/evolution-fashion-industry-india/> accessed 14 July 2024

ISDI, ‘The Fashion History & Evolution of Fashion in India – ISDI’ (24 March 2022) <https://isdi.in/blog/history-and-evolution-of-the-indian-fashion-industry/> accessed 14 July 2024

Jin B, Kandagal PM and Jung S, ‘Evolution Patterns of Apparel Brands in Asian Countries: Propositions From an Analysis of the Apparel Industry in Korea and India’ (2013) 31 Clothing and Textiles Research Journal 48

Kandikonda T and Sreenivas A, ‘Handloom Industry in India – An Overview’

Kiron MI, ‘History and Evolution of Indian Fashion Industry’ (Textile Learner, 24 February 2023) <https://textilelearner.net/history-and-evolution-of-indian-fashion-industry/> accessed 14 July 2024

Legal Post TG, ‘Fashion Law’ <https://www.globallegalpost.com/lawoverborders/fashion-law-1929833902> accessed 14 July 2024

Makanda P, ‘An Overview of Fashion Law in India & around the Globe’ (2021) 2 Indian Journal of Law and Legal Research 1

Manupatra, ‘Industrial Design- The Design Act, 2000’ <https://articles.manupatra.com/article-details?id=undefined&ifile=undefined> accessed 14 July 2024

Martin T, ‘Fashion Law Needs Custom Tailored Protection for Designs Comments’ (2018) 48 University of Baltimore Law Review 453

Mayer T, ‘From Craft to Couture: Contemporary Indian Fashion in Historical Perspective’, Designing (Post)Colonial Knowledge (Routledge 2021)

of India Govt, ‘Acts | Trade Marks | Intellectual Property India’ <https://ipindia.gov.in/acts-rules-tm.htm> accessed 14 July 2024

——, ‘Hand Book of Copyright Law’ <https://copyright.gov.in/documents/handbook.html> accessed 14 July 2024

——, ‘Home Ministry of Textiles | GoI’ <https://texmin.nic.in/> accessed 14 July 2024

——, ‘The Geographical Indications of Goods (Registration and Protection) Act, 1999 No.48 of 1999’ <https://ipindia.gov.in/act-1999.htm> accessed 14 July 2024

Patel B and Vajpayee A, ‘EXPLORING THE EVOLUTION OF FASHION ILLUSTRATIONS OF SAREES: A VISUAL JOURNEY THROUGH INDIA’S RICH SAREE CULTURE’ (2023) 16

Rana U, ‘A Comparative Study of Copyright Protection in Fashion Industry in India and USA’ (2021) 4 Issue 4 International Journal of Law Management & Humanities 1374

Reddy A and Shivshankar G, ‘Legal Protection for Fashion Designs’ (2010) 3 Indian Journal of Intellectual Property Law 85

Singh A, Brahmi P and Saxena S, ‘Singh Anurudh K, P Brahmi and S Saxena 2007. The Geographical Indications of Goods (Registration and Protection) Act (1999) of India: Implication for Agricultural Goods. Asian Agri-History. 11:253-263.’ (2007) 11 Asian Agri-History 253

Staff, ‘Eminent Fashion Designers Announce Fashion Foundation of India’ (https://www.oneindia.com, 7 August 2008) <https://www.oneindia.com/2008/08/07/eminent-fashion-designers-announce-fashion-foundation-of-india-1218107122.html> accessed 14 July 2024

Times TE, ‘Online Fashion: Value of Indian Online Fashion, Lifestyle Market to Touch $35 Billion in Five Years: Report – The Economic Times’ <https://economictimes.indiatimes.com/tech/tech-bytes/value-of-indian-online-fashion-lifestyle-market-hits-11-billion-to-touch-35-billion-in-5-years-report/articleshow/103411062.cms> accessed 14 July 2024

Uttam S and others, ‘Indian Clothing: Its Evolution and Development’ in Michelle Brandstrup and others (eds), The Garment Economy: Understanding History, Developing Business Models, and Leveraging Digital Technologies (Springer International Publishing 2023) <https://doi.org/10.1007/978-3-031-33302-6_4> accessed 14 July 2024

Vaishya AJ Pooja Kapadia, Raashi, ‘Fashion-Tech: From Runways to Regulations’ (India Corporate Law, 30 May 2024) <https://corporate.cyrilamarchandblogs.com/2024/05/fashion-tech-from-runways-to-regulations/> accessed 14 July 2024

---

[1] Mark K Brewer, ‘Fashion Law: More than Wigs, Gowns, and Intellectual Property’ (2017) 54 San Diego Law Review 739.

[2] Tina Martin, ‘Fashion Law Needs Custom Tailored Protection for Designs Comments’ (2018) 48 University of Baltimore Law Review 453.

[3] Aarushi Jain Vaishya Pooja Kapadia, Raashi, ‘Fashion-Tech: From Runways to Regulations’ (India Corporate Law, 30 May 2024) <https://corporate.cyrilamarchandblogs.com/2024/05/fashion-tech-from-runways-to-regulations/> accessed 14 July 2024.

[4] The Economic Times, ‘Online Fashion: Value of Indian Online Fashion, Lifestyle Market to Touch $35 Billion in Five Years: Report – The Economic Times’ <https://economictimes.indiatimes.com/tech/tech-bytes/value-of-indian-online-fashion-lifestyle-market-hits-11-billion-to-touch-35-billion-in-5-years-report/articleshow/103411062.cms> accessed 14 July 2024.

[5] The Global Legal Post, ‘Fashion Law’ <https://www.globallegalpost.com/lawoverborders/fashion-law-1929833902> accessed 14 July 2024.

[6] Joanna Buchalska, ‘Fashion Law: A New Approach’ (2016) 7 Queen Mary Law Journal 13.

[7] Emily S Day, ‘Double-Edged Scissor’: Legal Protection for Fashion Design Comment’ (2007) 86 North Carolina Law Review 237.

[8] ‘Fashion Design Council of India ( FDCI ) – Home’ <https://www.fdci.org/> accessed 14 July 2024.

[9] Reya Dutta, ‘Fashion Law: Piracy, IPR and Other Legal Aspects’ (2022) 4 Issue 4 Indian Journal of Law and Legal Research 1.

[10] Govt of India, ‘Home Ministry of Textiles | GoI’ <https://texmin.nic.in/> accessed 14 July 2024.

[11] ISDI, ‘The Fashion History & Evolution of Fashion in India – ISDI’ (24 March 2022) <https://isdi.in/blog/history-and-evolution-of-the-indian-fashion-industry/> accessed 14 July 2024.

[12] Harpers Baazar, ‘Four “Spencer” Looks That Princess Diana Wore in Real Life’ <https://www.harpersbazaar.com/culture/film-tv/g38055697/spencer-looks-that-princess-diana-wore-in-real-life/> accessed 14 July 2024.

[13] Town & Country, ‘The Story of Princess Diana’s Revenge Dress—And Why We Still Cant Get Enough of It’ (Town & Country, 26 November 2022) <https://www.townandcountrymag.com/style/fashion-trends/a41913960/princess-diana-revenge-dress-history/> accessed 14 July 2024.

[14] IIAD, ‘Fashion in India: Evolution & History of Fashion Industry in India’ (IIAD, 5 July 2018) <https://www.iiad.edu.in/the-circle/evolution-fashion-industry-india/> accessed 14 July 2024.

[15] Mazharul Islam Kiron, ‘History and Evolution of Indian Fashion Industry’ (Textile Learner, 24 February 2023) <https://textilelearner.net/history-and-evolution-of-indian-fashion-industry/> accessed 14 July 2024.

[16] Byoungho Jin, Parvathi M Kandagal and Sojin Jung, ‘Evolution Patterns of Apparel Brands in Asian Countries: Propositions From an Analysis of the Apparel Industry in Korea and India’ (2013) 31 Clothing and Textiles Research Journal 48.

[17] Tara Mayer, ‘From Craft to Couture: Contemporary Indian Fashion in Historical Perspective’, Designing (Post)Colonial Knowledge (Routledge 2021).

[18] Shweta Uttam and others, ‘Indian Clothing: Its Evolution and Development’ in Michelle Brandstrup and others (eds), The Garment Economy: Understanding History, Developing Business Models, and Leveraging Digital Technologies (Springer International Publishing 2023) <https://doi.org/10.1007/978-3-031-33302-6_4> accessed 14 July 2024.

[19] Bhavin Patel and Aparna Vajpayee, ‘EXPLORING THE EVOLUTION OF FASHION ILLUSTRATIONS OF SAREES: A VISUAL JOURNEY THROUGH INDIA’S RICH SAREE CULTURE’ (2023) 16.

[20] Thirupathi Kandikonda and Anakam Sreenivas, ‘Handloom Industry in India – An Overview’.

[21] International Fashion Law Association, ‘About Fashion Law – INFLAA’ <https://www.inflaa.org/about-fashion-law/> accessed 14 July 2024.

[22] David M Adler, ‘Fashion Law – Protecting Brands and Designs’ (2012) 5 Landslide 21.

[23] Pria Makanda, ‘An Overview of Fashion Law in India & around the Globe’ (2021) 2 Indian Journal of Law and Legal Research 1.

[24] Adithya Reddy and Gowtham Shivshankar, ‘Legal Protection for Fashion Designs’ (2010) 3 Indian Journal of Intellectual Property Law 85.

[25] Seguri Akash, ‘Intellectual Property Rights in the Sector of the Fashion Industry in India’ (2023) 3 Part 2 Indian Journal of Integrated Research in Law 1.

[26] Govt of India, ‘Hand Book of Copyright Law’ <https://copyright.gov.in/documents/handbook.html> accessed 14 July 2024.

[27] Manupatra, ‘Industrial Design- The Design Act, 2000’ <https://articles.manupatra.com/article-details?id=undefined&ifile=undefined> accessed 14 July 2024.

[28] ‘Designs Act, 2000’ <http://indiacode.nic.in/handle/123456789/1917> accessed 14 July 2024.

[29] Govt of India, ‘The Geographical Indications of Goods (Registration and Protection) Act, 1999 No.48 of 1999’ <https://ipindia.gov.in/act-1999.htm> accessed 14 July 2024.

[30] Anurudh Singh, Pratibha Brahmi and Sanjeev Saxena, ‘Singh Anurudh K, P Brahmi and S Saxena 2007. The Geographical Indications of Goods (Registration and Protection) Act (1999) of India: Implication for Agricultural Goods. Asian Agri-History. 11:253-263.’ (2007) 11 Asian Agri-History 253.

[31] Upasna Rana, ‘A Comparative Study of Copyright Protection in Fashion Industry in India and USA’ (2021) 4 Issue 4 International Journal of Law Management & Humanities 1374.

[32] Govt of India, ‘Acts | Trade Marks | Intellectual Property India’ <https://ipindia.gov.in/acts-rules-tm.htm> accessed 14 July 2024.

[33] Staff, ‘Eminent Fashion Designers Announce Fashion Foundation of India’ (https://www.oneindia.com, 7 August 2008) <https://www.oneindia.com/2008/08/07/eminent-fashion-designers-announce-fashion-foundation-of-india-1218107122.html> accessed 14 July 2024.

[34] ‘Fashion Design Council of India ( FDCI ) – Home’ (n 8).

[35] ‘AEPC | Home’ <https://www.aepcindia.com/> accessed 14 July 2024.

---

Author: Sulipta Surabhi, a 3^rd Year BA LLB student at National Law University, Odisha