Intellectual Property in the Fashion Industry


Well, who does not love fashion right? Fashion is a way to express ourselves, it tells a lot about us, and it basically defines people. The fashion industry is booming across the world as it is a major part of our lives and everyone is fascinated to buy products from brands having popularity in the market. The fashion business is a new and exciting sector full of fresh ideas and unique goods. Fashion is not just limited to garments but also includes Footwear, accessories, makeup, and a wide range of luxury items. Whenever a brand design or an invention gets popular the risk of duplicates arises which results in a huge impact on the goodwill of the original brand.

IP Fashion Industry

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IP plays a major role in the fashion industry by protecting and preserving each and every design from counterfeiting. Some of the laws that regulate and protect the fashion industry under intellectual property laws are the Designs Act, Trademark act, and Copyright act. As only when inventors or artists are protected for their work and from being duplicated can the fashion business grow in its real meaning. There are three types of IPR that can and have shown to be quite beneficial to the fashion industry. These include copyright, trademark, and patent protection.

Trademark And Fashion

Trademark registration may help your fashion business in a variety of ways. A trademark is a brand sign or emblem that distinguishes it from other comparable items in the business by building goodwill for the product, ensuring its quality, and advertising it. A trademark also aids in distinguishing between genuine and counterfeit goods. Trademark legislation is used to protect not just logos and brand names, but also other distinguishing qualities of a product. Trademarks can also be seen within the clothing or on minor details such as buttons. A trademark protects businesses from having a similar mark that might confuse and put away potential consumers. Trademarks are governed by the Trademark Act of 1999. For example, Burberry owns the trademark "Burberry" as well as the Burberry check pattern and Louis Vuitton incorporates its 'LV' mark, which is a logo, into the design.

Copyright And Fashion

Copyright is nothing more than the right to reproduce. It is intended to stimulate more artistic production and expression by granting control over creation. You have Copyright in your work the instant you put pen to paper to sketch a design or drawing, create a sculpture, or write a musical piece. When a copyrighted work is copied, distributed, performed, publicly shown, or changed into a derivative work without the owner's permission, it is considered an infringement. It is a method of protecting your intellectual property, and if someone copies you or distributes or modifies an original piece of work, you can take legal action against them. If someone takes work and modifies it but the original creativity is quite distinguishable, you can take legal action against them.

Patent And Fashion

In the fashion business, the inventive aspect of a design can be protected by patent law; but, in order for it to be protected under patent law, it must be unique and original, which means that it must be one of a kind and have something about it that distinguishes it from others. The design must also be scientifically plausible. While patents are not normally considered in the fashion sector because of their dynamic nature. It is constantly changing. Patents are more prevalent in the scientific and technical sectors.


The fashion business is propelled by both creativity and intellectual capital. A fashion designer puts in a lot of hard effort, creativity, and finance to become a recognized brand and establish that reputation. Counterfeiting their items has a significant and direct influence on a brand's company. When low-cost imitations of premium goods are readily available on the market, these luxury labels lose credibility in developing markets. The fashion business is a fast-paced one. The risk of copying and counterfeiting not only costs money but also discourages artists from producing something new and innovative. Intellectual property infringement in the fashion business not only discourages creators but also has a financial impact. Following relatively lax legislation and an uneducated consumer base, the counterfeit fashion and apparel businesses are expanding. Copyright registration, on the other hand, serves as actual proof of ownership of the piece, among other things. While filing for copyright registration, garment design registration, etc may seem like a good idea on the surface, it may not always be an easy and cost-effective option for small agencies and budding designers. It should be mentioned, however, that ownership of rights has demonstrated a commercial return and is useful for convincing investors, venture capitalists, or banks of the company's commercial worth. Although it is true that it is extremely difficult to entirely eradicate counterfeiting and prohibit others from copying, securing the innovation correctly reduces the likelihood of failure by reducing damages.

Author : Aditi, A Student of University of Petroleum and Energy Studies, Dehradun, in case of any query, contact us at Global Patent Filing or write back us via email at






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