Fashion Law: Protecting Your Design and Brand

A July 2022 study projects that the fashion industry will grow to a $106 billion enterprise by 2026, making India's fashion market a major player. However, Fashion is more than what meets the eye! The world of fashion encompasses more than just models walking the runaway in shiny shimmery clothes. If you’re curious about the journey, here’s how to become a fashion designer.

Apart from being about clothes and apparels, fashion is ALSO about fashion laws, designs, patterns, art, copyrights, patents, sustainability, and more. There is a whole team behind the ramp walk in the world of fashion. 

In this blog, let us explore the fashion laws in India, famous legal battles, and ways in which you can protect your design and brand. 

Fashion Laws in India

India is one of the largest producers of silk, jute, and cotton. Keeping in mind the growing fashion and textile industry, the Indian Parliament deemed fit to come up with laws to protect one of the largest employment generating industries of the country, and rightly so! 

The Copyright Act of 1957, Designs Act of 2000, Intellectual Property Rights, Labor Laws, Advertising Laws, Environmental Laws, Patent Act of 1970, Trademark Act of 1999, Consumer Protection Laws, Foreign Trade Laws, and other laws all regulate fashion in India, despite the lack of specific legislation addressing the subject. The following is a basic explanation of how these laws relate to fashion:

1. Copyright Act of 1957

Imagine creating a beautiful apparel clothing range with the most unique designs and patterns and someone replicating, stealing and profiting from your unique design and creativity! Outrageous, isn’ itt? This is what we call Intellectual theft of property. To protect your unique design, patterns, shapes, colours, combinations, and more, India has the Copyright Act of 1957 which allows designers to protect their works of fashion by registering themselves under copyright laws. Designers successful in gaining copyrights have then the legal authority to duplicate, distribute, and earn from their works. 

2. Design Act of 2000

In India, distinctive designs, including shapes, patterns, colours, and combinations that distinguish clothing, are protected by the Design Act of 2000. The Act is governed by Design Rules 2000 classes 2, 3, 5, 10, and 11 and prohibits design piracy. Designs must be original, unheard of before filing, different from pre-existing designs, and devoid of scandalous or offensive content to qualify for registration.

3. Labor Laws

India’s Fashion sector employs both women and children along with men. To protect the rights, working conditions, and safety of employees we have the Labor laws, which include both the Factories Act of 1948 and the Minimum Wage Act of 1948. 

4. Advertising Laws

It is imperative to be sensitive to our culture, traditions, and sentiments when advertising one’s brand. To make sure fashion designers and brands adhere to code of ethics and advertising standards, we have the Indian advertising laws, overseen by the Advertising Standards Council of India (ASCI). 

5. Environmental Laws

The use of chemicals and dyes in the production of textiles makes the fashion sector particularly vulnerable to pollution. To curb pollution caused by the fashion industries, the government of India has made mandatory for them to follow Environmental laws including the Water (Prevention and Control of Pollution) Act of 1974, the Air (Prevention and Control of Pollution) Act of 1981, and the Environment Protection Act of 1986. These rules also control wastewater treatment and garbage disposal. 

Two pieces of legislation that establish guidelines for the fashion industry are the Ozone Depletion Substances (Regulation and Control) Rules of 2000 and the Indian Hazardous Wastes (Management and Handling) Rules of 1989. 

6. Patent Act, 1970

When there’s an emerging fashion sense and brand every minute, it’s important to protect your ideas, dreams, and designs even more! And patents help you do that. According to the Patent Act of 1970, patents in India are registered with the Patent Office. The patent holder has the sole right to use the patented design after it has been registered, and they can file a lawsuit if their rights are violated.

7. Trademark Act, 1999

Every brand has its own symbol, logo, and term which differentiates it from others. It also helps build brand’s visibility and credibility among the customers. A trademark must be unique and not confusingly like other trademarks in sound, meaning, or appearance to be registered. Both registered and unregistered trademarks are protected from infringement in India. As per the Trademark Act of 1999, no other company can copy another brand’s symbol, logo, and term. If found guilty, they are punishable under law. 

8. Foreign Trade Laws

India has strong international ties when it comes to global fashion. To protect and help the Indian fashion industry flourish, the Indian Foreign Trade Policy lays out rules for promoting exports, offering rewards, and enforcing import prohibitions.

9. The Geographical Indications of Goods (Registration and Protection) Act, 1999

Indian fashion is vast and varied, with apparels, designs and clothing coming from even the remotest part of India! To conserve the regionally distinct traditional textiles and handicrafts, we have the Geographical Indications of Goods Act which legally binds the seller, manufacturer, designers, and everyone involved in the production and selling of distinct traditional textiles and handicrafts to specify the Indian region of origin. It is one of the most critical Fashion laws of India. 

Landmark Cases in India

Issues of Trademark, Infringement, and others are most prone to crop up! There are many more landmark cases with judgements that have helped set better boundaries in the fashion industry. 

Steps to Protect Your Brand

Protecting your fashion brand is essential to maintain its identity, reputation, and market share. Here are five key steps to safeguard your brand:

1. Register Your Trademarks and Logos

• Why: Registering your brand name, logo, and any distinctive elements (e.g., unique patterns or designs) as trademarks provides legal protection against unauthorized use by others.
• How: Apply for trademark registration in all markets where your brand operates. Ensure the registration covers all relevant categories under which your brand's products fall (e.g., clothing, accessories).

2. Secure Copyright for Your Designs

• Why: Copyright protects original artistic and creative works, ensuring no one can replicate or reproduce your designs without permission.
• How: File for copyright protection for your clothing designs, sketches, and marketing materials. This provides the ability to take legal action against infringers and claim damages.

3. Apply for Design Patents

• Why: Design patents protect the visual appearance of your products, such as the shape, configuration, or surface ornamentation.
• How: Submit your application for design registration to your country’s patent office. This adds a layer of protection against imitation and ensures exclusivity over your product's aesthetic aspects.

4. Monitor and Enforce Your Rights

• Why: Proactively monitoring the market helps identify and address infringements before they impact your brand's reputation and revenue.
• How: Set up alerts for unauthorized use of your brand elements online and offline. Work with legal professionals to send cease-and-desist notices and take legal action if necessary.

5. Sign Non-Disclosure and Non-Compete Agreements

• Why: Protecting confidential information about your brand, such as upcoming designs or business strategies, is crucial when working with partners, suppliers, and employees.
• How: Draft and enforce comprehensive non-disclosure agreements (NDAs) and non-compete clauses to prevent third parties from disclosing or misusing sensitive information.

Following these steps can help create a robust framework to protect your brand's intellectual property and ensure its growth and sustainability in a competitive market.

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Conclusion

The fashion industry is growing at an exponential rate and the need for laws and regulations has been felt both in India as well as internationally. With every new passing day, the fashion laws in India are progressing with new regulations and provisions. So far, the legislation has successfully dealt with issues that have cropped up. However, new times need better regulations and laws to prevent identity, ideas, trademarks, and more thefts. 

If you’re dreaming of a career in fashion, understanding fashion laws is becoming essential. Programs like Pearl Academy’s fashion courses focus on these legal aspects, giving students the knowledge to navigate the legal aspects of fashion and create fashion that resonates with people on a personal level. Innovate, Inspire and Ignite!

Ready to pursue your dream in fashion and build a legally protected brand identity? Apply now to kickstart your journey with Pearl Academy.

Also Read:

• Growth Trends in the Indian Textile Industry
• How to Become a Fashion Entrepreneur
• How to become a Textile Technologist
• What are the different types of fabric in Fashion Design?
• AI and Technology in Fashion Design: Future Trends
• Essential Subjects in a Fashion Design Degree