Fashion Laws in India: A Detailed Overview

Fashion is more than a mere reflection of style and trends; it is a multi-billion-dollar industry encompassing diverse elements such as art, culture, creativity, and commerce. In India, the fashion industry is a significant contributor to the economy, providing employment to millions while promoting indigenous arts and crafts globally. However, with the evolution of fashion and its expanding global reach, the industry faces various legal challenges, necessitating a robust legal framework.

In this article, we will explore the concept of fashion laws in India, discuss their importance, and dive deep into the various legislations that govern this sector. We will also analyse key intellectual property rights (IPRs) available to protect fashion products and how these laws have been shaped by landmark cases in India. Lastly, we will touch upon the international influence and the future trajectory of fashion law in India.

Introduction to Fashion Law

Fashion law is a legal domain that encompasses various fields of law including intellectual property, labour law, consumer protection, corporate law, and environmental law. It regulates the complex interactions between designers, manufacturers, consumers, retailers, and suppliers. Fashion law helps protect the creative efforts of designers, ensuring fair labour practices, promoting sustainability, and preventing unethical business practices such as counterfeiting and plagiarism.

Though fashion law is an evolving field globally, in India, it is still in its nascent stages. There is no single comprehensive statute dedicated solely to fashion law in India. However, various existing laws collectively provide a legal framework for addressing the multifaceted issues in the fashion industry.

The Importance of Fashion Law in India

The Indian fashion industry has evolved significantly over the years, growing both in scale and global recognition. Traditional Indian textiles like Banarasi silk, Pashmina shawls, and Kanchipuram sarees have gained international fame. Simultaneously, modern fashion designers are putting Indian fashion on the global map. However, this expansion has also led to various challenges such as design piracy, counterfeiting, labour exploitation, and environmental concerns.

The importance of fashion law in India lies in addressing these challenges. A robust legal framework ensures:

• Protection of Creativity: Designers invest time and effort into creating unique designs. Fashion law provides legal recourse against plagiarism and counterfeiting.
• Fair Labor Practices: The fashion industry employs millions of workers in India, especially in the textile sector. Labour laws ensure the protection of workers’ rights, including fair wages, working hours, and safe working conditions.
• Sustainability: With growing concerns about environmental impact, fashion law encourages eco-friendly practices by enforcing environmental regulations on manufacturing and waste management.
• Consumer Protection: Fashion law safeguards consumers from misleading advertisements, defective products, and unethical business practices.

Intellectual Property Rights in Fashion Law

Intellectual property rights (IPRs) are an important aspect of fashion law, protecting the innovative and creative elements of fashion products. In India, the fashion industry can rely on several IPRs, including trademarks, designs, copyrights, patents, and geographical indications. These rights help protect the intellectual creations of designers and brands, ensuring that their efforts are not copied or exploited without consent.

Trademarks

A trademark is a symbol, word, or design that distinguishes a brand’s goods or services from others. Under the Trademarks Act of 1999, Indian fashion brands can protect their logos, names, and distinctive packaging.

• Duration and Process: The trademark registration process typically takes 8 months to a year, and protection lasts for 10 years, which is renewable indefinitely.
• Benefits in the Fashion Industry: Trademarks help build brand value, consumer trust, and market recognition. Exclusive rights are granted to use the mark, making it easier to protect the brand from infringement.
• Challenges: Trademarks need to be distinctive to be protected, and proving distinctiveness, especially for non-traditional trademarks like patterns or packaging, can be challenging. In case of a brand redesign, new trademark registrations may be required.

In Christian Louboutin SAS v. Pawan Kumar (2017), the Delhi High Court protected the iconic red sole of Louboutin shoes as a distinctive trademark, illustrating how non-traditional marks can be protected in India.

Design Protection

A design refers to the aesthetic features of a product such as its shape, pattern, or color. The Designs Act of 2000 governs the protection of original designs in India. This is especially relevant in fashion, where aesthetic appeal plays a significant role in consumer choices.

• Duration and Process: A design registration lasts for 10 years from the date of filing, with a one-time extension of 5 years. The registration process typically takes 4–6 months.
• Benefits: Design protection prevents unauthorised copying of aesthetic features and helps fashion designers maintain exclusivity over their creations.
• Challenges: Each new design must be separately registered, making it costly for designers who launch multiple collections each season. Design protection only applies to registered designs, and designs that are not registered under the Designs Act cannot seek protection.

In Microfibres v. Girdhar & Co. (2006), the Delhi High Court ruled that designs registered under the Designs Act cannot claim copyright protection, emphasising the importance of registration.

Copyright

A copyright protects original works of art, including fashion designs, under the Copyright Act of 1957. Copyright protection extends to textile designs, graphic prints, and other artistic works associated with fashion.

• Duration and Process: Copyright protection exists as soon as a work is created, and registration is not mandatory. For artistic works, protection lasts for the life of the author plus 60 years.
• Benefits: Copyright provides automatic protection without the need for registration. It can protect artistic elements such as prints, patterns, and textile designs used in fashion.
• Challenges: Copyright does not protect functional elements of fashion products (e.g., the structure of a garment). It does not protect unregistered designs once they have been reproduced more than 50 times, limiting its utility in mass-produced fashion.

In Ritika Private Limited v. BIBA Apparels Private Limited (2016), the plaintiff claimed copyright infringement for garment designs. However, the court ruled that designs must be registered under the Designs Act for such protection.

Patents

A patent protects innovative inventions, including new manufacturing processes or technologies used in the fashion industry. Though not as commonly used in fashion as trademarks and designs, patents can protect technological advancements in textiles, such as new fabrics or methods of production.

• Duration and Process: A patent lasts for 20 years from the filing date. The patent registration process can take 2–3 years by the normal route or 1 year through an expedited process.
• Benefits: Patents provide exclusive rights to innovative fashion technologies, such as fabric innovations.
• Challenges: The innovation must meet strict criteria of novelty, non-obviousness, and industrial applicability. The patent process is expensive and time-consuming, making it less practical for smaller fashion brands.

Geographical Indications (GIs)

Geographical Indications (GIs) protect products that originate from a specific geographical region and possess qualities or a reputation due to that origin. In the fashion industry, GIs protect traditional Indian textiles like Banarasi silk, Pochampalli Ikat, and Chanderi sarees.

• Benefits: GIs help protect the cultural heritage of Indian textiles and crafts. They provide collective rights to artisans, allowing them to control the use of the GI and prevent misuse by unauthorised parties.
• Challenges: GIs are only useful for traditional or region-specific products, limiting their applicability to modern fashion designs.

The Banaras Brocades and Sarees GI case exemplifies the protection provided to traditional crafts, ensuring that only authorised weavers in Banaras can label their sarees as “Banarasi.”

Other Relevant Laws Governing Fashion in India

Besides IPRs, several other laws play an important role in regulating the fashion industry in India. These include labour laws, consumer protection laws, environmental laws, and foreign trade regulations.

Labour Laws

India’s fashion industry is labour-intensive, particularly in the textile sector. To protect the rights of workers, various labour laws have been enacted, including:

• Factories Act of 1948: Regulates working conditions in factories, including safety, health, working hours, and child labour provisions.
• Minimum Wage Act of 1948: Ensures that workers in the fashion industry receive fair wages.
• The Indian Industrial Relations Code, 2020: Regulates industrial disputes and provides a framework for resolving conflicts between employers and employees.

The fashion industry in India has faced criticism for unregulated labour practices, particularly in the informal sector, where many workers are employed without adequate protection or fair wages.

Consumer Protection Laws

Consumer protection is vital in the fashion industry, as it ensures that consumers are not misled or sold defective products. The Consumer Protection Act of 2019 and Consumer Protection (E-Commerce) Rules, 2020 provide safeguards against unfair trade practices, misleading advertisements, and defective goods.

Consumers can file complaints against brands or retailers for selling substandard products or making false claims. The laws promote transparency and accountability in advertising, especially with the rise of e-commerce platforms.

Environmental Laws

The fashion industry has long been criticised for its environmental impact, particularly in terms of pollution from textile production. The Environment (Protection) Act of 1986, along with the Water (Prevention and Control of Pollution) Act of 1974 and the Air (Prevention and Control of Pollution) Act of 1981, regulate the fashion industry’s environmental practices.

While India has strong environmental laws, enforcement in the fashion industry, particularly in the textile sector, remains a challenge. Many small-scale textile manufacturers continue to operate without adhering to environmental standards.

Foreign Trade Laws

With the globalisation of fashion, international trade has become a critical aspect of the industry. The Foreign Trade (Development and Regulation) Act of 1992 governs the import and export of textiles and garments in India. Fashion brands must adhere to these regulations, particularly with regard to tariffs, import/export restrictions, and quality standards.

Landmark Cases in Fashion Law in India

Several landmark cases have shaped the evolution of fashion law in India. These cases have set precedents in the protection of intellectual property, labour rights, and consumer protection within the fashion industry.

Ritika Private Limited v. BIBA Apparels Private Limited (2016)

In this case, Ritika Private Limited, the owner of the brand Ritu Kumar, accused BIBA Apparels of copying its garment designs. However, Ritika’s designs were not registered under the Designs Act, 2000, leading the court to rule that the designs were not entitled to copyright protection. This case emphasised the importance of design registration under the Designs Act for protection against piracy.

Microfibres v. Girdhar & Co. (2006)

This case involved a dispute over upholstery fabric designs, with Microfibres accusing Girdhar & Co. of copying its designs. The Delhi High Court ruled that Microfibres could not claim copyright protection for its designs as they were not registered under the Designs Act. This case reinforced the need for registering designs to seek legal protection.

Christian Louboutin SAS v. Pawan Kumar (2017)

In this landmark case, the Delhi High Court protected the famous red sole of Christian Louboutin shoes as a distinctive trademark. This case highlighted the protection of non-traditional trademarks in the Indian fashion industry.

Rajesh Masrani v. Tahiliani Designs Pvt. Ltd. (2008)

In this case, Tarun Tahiliani, a well-known Indian designer, accused Rajesh Masrani of copying his fabric designs. The court ruled in favour of Tahiliani, establishing the principle that fabric designs, even if not registered, can still qualify as artistic works protected under the Copyright Act.

International Influence on Fashion Law in India

India’s fashion industry is increasingly influenced by international trends, both in terms of design and legal frameworks. Global conventions such as the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights) have shaped India’s intellectual property laws, ensuring that they align with international standards.

Additionally, collaborations between Indian and international fashion brands have necessitated the development of cross-border legal frameworks. For instance, licensing agreements and franchise deals are becoming more common, enabling Indian brands to expand their presence globally.

Conclusion

Fashion law in India is a dynamic and multifaceted field, encompassing intellectual property, labour rights, consumer protection, environmental sustainability, and international trade. As the Indian fashion industry continues to grow and integrate with global markets, the importance of a robust legal framework becomes even more critical.

While existing laws provide a solid foundation, the evolving nature of the fashion industry—particularly the rise of fast fashion, sustainability concerns, and digital platforms—necessitates further development in fashion law. In the coming years, we can expect to see new regulations and legal precedents that address the unique challenges faced by the fashion industry, helping protect creativity, promote fair practices, and ensure sustainable growth.