Decoding Trends - The Fashion Law

The Fashion Law

Law is a system of rules and regulations that governs and maintains order within society. Initially categorized into civil and criminal law, its scope has gradually expanded to include areas like family law, corporate law, and emerging contemporary domains such as media, entertainment, and fashion law.

Fashion law is an evolving legal domain that addresses the protection and regulation of intellectual property rights related to clothing, accessories, and design innovations. The term fashion refers to distinctive styles, aesthetic looks, and the grooming of an individual’s lifestyle. In this context, fashion law plays a crucial role in safeguarding original designs, unique apparel creations, and the techniques involved in their production and commercialization.

Historical Background

The origins of fashion regulation can be traced back to the medieval era in France, where Sumptuary Laws governed the use of specific fabrics and attire based on an individual’s social status. Similar regulatory practices were also prevalent in ancient Rome and other parts of Europe. A significant development occurred in 1868 with the establishment of the Chambre Syndicale de la Haute Couture Parisienne, which marked an early institutional effort to protect the rights of fashion designers.

In India, despite its rich heritage in silk, cotton, jute, and other textiles, British colonial rule promoted synthetic goods. This shift led to a decline in  traditional clothing, resulting in limited recognition and legal protection for India’s fashion legacy.

Laws Related to Fashion 

Currently, India has no separate legislation for fashion law. Fashion-related issues are generally addressed under Intellectual Property Rights (IPR), which protect creations of the human mind. Laws like copyright, trademark, and the Designs Act safeguard original designs, brand names, and styles. The Fashion Design Council of India (FDCI) also supports and promotes designer’s rights. These protections help ensure designers creative work is recognized and not misused.

Copyright Act (1957)

Copyright grants a bundle of exclusive rights that protect the expression of an idea, not the idea itself. In fashion, it applies to artistic elements like sketches, prints, and patterns, safeguarding the techniques used in creating a product. It is applicable when the designer’s work shows novelty and uniqueness, offering protection for their creative expression.

Designs Act (2000)
The Designs Act protects the visual features of a product such as shape, pattern, or colour that are applied to an article. In fashion, it covers the visual aspects of unique apparel or textiles created by designers, focusing on appearance and aesthetic appeal rather than practical utility.

Advertising and Consumer Protection 

Advertising plays a vital role in reaching consumers, and the fashion industry is no exception. Fashion designers must follow ethical practices as per the guidelines of the Advertising Standards Council of India (ASCI). With rising competition, unfair trade practices and misleading advertisements have become common. To address this, regulations like the Consumer Protection (E-Commerce) Rules, 2020 were introduced, aiming to prevent consumer deception, especially on online platforms where defective or misrepresented goods are often sold.

Trademarks Act (1999)

The Trademark Act protects both registered and unregistered marks, including names, logos, symbols, or any distinctive sign that represents a brand. In the fashion industry, trademarks are crucial because consumers often associate apparel with specific brand names. However, a major issue is the imitation of these marks by local sellers, leading to consumer confusion and disrupting the brand’s authenticity and trust in the market.

Foreign Trade

Foreign trade functions as a sender- receiver relationship, involving the import and export of machinery, textile raw materials, and other related components. This exchange plays a vital role in supporting the fashion industry by facilitating access to global resources and technology.

Environmental Law

Environmental law focuses on maintaining sustainability, which is an important concern for the fashion industry. However, the rise of fast fashion has led to significant environmental harm. The production of synthetic materials and the high level of carbon emissions associated with mass production contribute to pollution and environmental degradation to combat these issues few acts such as The Environment ( Protection) act of 1986 and The indian hazardous wastes (Management and Handling) Rules of 1989 have been establsihed. 

India and Other Countries

Although the concept of fashion law has a wide range of implications, it is formally recognized and enforced in only a few countries. The United States has limited legal protection in this area, and due to widespread fashion piracy, fashion law has not gained strong recognition. In contrast, the European Union has developed comprehensive legislation that protects fashion designs and addresses related regulatory concerns. This has provided a more structured legal framework for fashion law within the EU.

Landmark Cases

Ritika Private Limited v. Biba Apparels Private Limited
This is one of the most high-profile cases related to copyright infringement in the fashion industry. In this case, fashion designer Ritika claimed to be the original owner of her garment designs and alleged that Biba had copied those designs and used them on its garments for commercial purposes. The case highlighted the importance of design registration and emphasized that legal protection under the Designs Act is essential for safeguarding fashion creations.

Christian Louboutin v. Pawan Kumar
This case stands as a significant precedent in the fashion industry. It involved internationally renowned shoe designer Christian Louboutin and an Indian footwear company. The plaintiff sought protection for his signature red sole as a trademark. The Delhi High Court recognized the red sole as a well-known trademark, and regarded the protection of non-conventional trademarks.

Conclusion

Fashion law, though often seen as a trendy concept, addresses several significant legal issues. While most of these are currently governed under the branch of Intellectual Property Rights, there is a strong need for separate legislation. In a country like India rich in cotton, jute, silk, and traditional handicrafts, legal protection is essential not only to preserve its cultural heritage but also to ensure sustainability by safeguarding resources rather than exploiting them.

Closing Credits

Author: SRUTHEE RAMESH

"The views expressed are personal. This article is intended for educational purposes and public discourse. Feedback and constructive criticism are welcome!"