Applicability of Intellectual Property Rights in the Realm of Fashion Industry

The fashion industry is a fast-paced emerging sector that contributes to the economic growth of a country. Fashion designers work day & night to come up with a design or a product that is unique & never seen before, for which they gain fame, recognition and money. But as soon as such designs & products are released in the market, several people copy and make fake designs/ products ripped off from the original. Fashion designs & products are the intellectual property of the designers, and they need to be protected. This is where intellectual property rights come into the picture. The main objective of this research paper is to understand the role of Intellectual Property Rights in the Fashion Industry. The researcher has adopted doctrinal research methodology to carry out the research. Fashion designs & products are sometimes copied wholly or partly, and certain people sell the exact replica of the designs and products at a lower price, without the authorization of the owner. The researcher has discussed the ways in which fashion designs and products are copied and pirated. Fashion designers can protect their intellectual property rights by obtaining a trademark, Copyright or patent for their creation. The researcher has shed light on how Copyright, trademark & patent protect the creation of fashion designers. In India, laws governing the fashion industry is not present in single legislation. Several legislations are applied to protect the designs and creations of the designers. The present research paper discusses the legislations that are available to fashion designers to protect their designs and creations.