A Critical Study on Fashion Design and its Protection under Copyright Act, 1957 and Designs Act, 2000

Raveena. R. Nair ,Dr, Anju Mohan
Keywords: Fashion Designs, Piracy, Intellectual Property Rights, protection, copied ,

Abstract

Fashion is defined as "everything that is the current trend in a person's appearance and attire, particularly in clothing, footwear, and accessories." Fashion now pervades our daily lives and workplaces; what we wear serves as a tool to express ourselves rather than only providing shelter from the cold and nakedness. As defined by the Designs Act, a design is an exterior feature, such as a shape, configuration, pattern, decoration, or other feature, that has been applied to any object through an industrial process and can be seen on any article and determined only by the sight.

In this digital era, it is much easier to take a free ride on other fashion designs, with diffusion happening swiftly and broadly via the Internet, often even before the original fashion products hit the market. Designers are effectively left with essentially no means of preventing copying and little redress if their creations are eventually replicated. And also suggested the protection through Trademark, patent and Copyright. Throughout the years there have been constant attempts by the fashion industry to protect designs through copyrights, but all have failed. When a design becomes well-known, the likelihood of it being copied grows, and it is then blatantly copied, leading to a significant loss of market share for the original product. Due to the government's revenue loss, it also poses a huge economic threat. This problem of design threat is more serious and deserves more attention.