Borrowed Aesthetics Or Stolen Heritage: A Legal Inquiry Into Fashion Appropriation And Intellectual Property Rights
- IJLLR Journal
- Jan 15
- 1 min read
Ojal Jain, BBA LLB (Hons.), SVKM’S NMIMS, School of Law, Indore
ABSTRACT
The global fashion industry has long drawn inspiration from diverse cultures and aesthetics, but this practice often makes it challenging to distinguish between constructive appropriation and destructive infringement. The traditional cultural expressions (TCEs) of various communities are usually not protected by traditional intellectual property (IP) frameworks such as copyright and trademark law. This research examines and reveals the doctrinal gaps that classify communal heritage as falling into the "public domain," which allows for free commercial exploitation, and offers a critical legal analysis of this phenomenon.
It discovers a basic discrepancy between the collective character of traditional knowledge and the individual authorship principles of Western intellectual property. While Alternative frameworks, such as Geographical Indications (GIs), provide partial protection for origin, they fail to protect underlying motifs. Case studies from leading brands show a changing environment wherein public pressure is forcing a move from one-way appropriation toward contested forms of collaboration. To ensure fair partnerships and safeguard cultural heritage, the manuscript concludes that a multi-tiered solution is necessary, combining ethical industry practices such as co-branding, sui generis national laws, and the pursuit of a legally binding international treaty.
Keywords: Cultural Appropriation, Intellectual Property, Traditional Cultural Expressions (TCEs), Fashion Law, Geographical Indications (GIs).
