Student at Symbiosis Law School, Pune, India
The intellectual property rights grant legal and exclusive rights to the creator of a product for its artistic work and such protection is further extended to designs in the fashion industry. the main objective of the design act is to provide protection to the three-dimensional features, patterns, aesthetics and appearance of the product. Since the inception of the fashion industry there have been many cases of infringement of the design of the product with made it essential to enforce legislation which was aimed towards the protection of the designs by the creator and this practice has been adopted by various high-end fashion brand. The author in this article has attempted to answer the question: The protection of Design in the fashion industry on the basis of analysis of laws and regulatory bodies established to protect them in various jurisdiction and the overlapping of other intellectual property rights which are adopted by these designers to protect their designs. In order to understand this question, it becomes essential to understand the regulatory framework established in order to protect these designs. This article focuses to prove the same by analysing the design legislations and various other intellectual property rights to protect the design, commercial aspects of the registered design and its scope in the fashion industry.
Research Paper
International Journal of Legal Science and Innovation, Volume 3, Issue 4, Page 255 - 265
DOI: https://doij.org/10.10000/IJLSI.11894This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright © IJLSI 2021