Navigating The Seams: Reconciling Trademark Rights With Circularity In India's Upcycled Fashion Economy
- IJLLR Journal
- Sep 6
- 1 min read
Ms Aishwarya J & Mr Poornesh M, St Joseph Engineering College, Vamanjoor, Mangaluru
ABSTRACT
The intersection of intellectual property rights (IPR) and the circular economy presents a critical legal challenge in India, particularly for the burgeoning upcycling sector. This article examines how Section 29 of the Trademarks Act, 1999, inadvertently stifles sustainable fashion initiatives by failing to distinguish between transformative reuse and trademark infringement. Focusing on Dharavi’s upcycling hubs—where discarded branded materials (e.g., Levi’s denim, Nike fabrics) are repurposed into new products—the analysis reveals how legal ambiguity jeopardizes livelihoods, environmental goals, and India’s informal circular economy. Comparative insights from the EU’s "material alteration" doctrine and the U.S. "first sale" principle inform a proposed framework: a statutory exception for substantially transformed goods, coupled with mandatory consumer disclaimers. The article advocates for legislative clarity, industry certifications, and brand-upcycler collaborations to reconcile trademark protection with circularity. By addressing this gap, India can pioneer a legal model that aligns IPR with sustainability, empowering its informal sector while reducing textile waste.
Keywords: Trademark law, circular economy, upcycling, material alteration, Dharavi, sustainable fashion.
