Global fashion industry is worth hundreds of Billions of Dollars. The intellectual property represents the prominent concerns of the fashion designer, and industry this large cannot be a single field of law. It encompasses corporate governance, real estate, labor, advertising, Internet and technology, import/export, the growing necessity for each brand to have an online presence and more.
People in today’s world have a general affinity toward fashion and Brands. But money becomes a constraint to such an effort and that is where contrabands and copies of the original creations come to the rescue. As and when a design becomes famous, others start copying it shamelessly resulting in a huge loss for the makers of the original products.
In India, the owners of the original products have the right of moving to court of law of appropriate jurisdiction seeking permanent injunctions and thereby preventing the counterfeiters from selling counterfeit products. The owners of the original product(s) may also move to the court seeking compensation for their losses.
There is a huge correlation between the fashion on one hand and IPR on the other. The plethora of laws namely the Trademark Act, Copyright Act, Designs Act and Geographical Indication of Goods Act seeks to protect the intellectual property rights related to creations of the fashion industry.