Fashion Design and Intellectual Property Rights: An Indian Perspective

Swarup, Sameer Kumar; Rastogi, Sachin

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.

Keyword(s)

Fashion Design; Design Act, 2000; Copyright Act, 1957; Overlaps; Articles; Jewellery; IBEF Report 2019 on Textile and Apparels; McKinsey: The State of Fashion 2019; EU Directive

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