Stitching Protection: A Comparative Analysis Of Intellectual Property Rights And Counterfeit Challenges In The Fashion Industries Of India, The United States, And The European Union
- IJLLR Journal
- 17 minutes ago
- 2 min read
Shri Hari Priya K, Sastra Deemed University
Dharunya Gowthaman, Sastra Deemed University
ABSTRACT
In the battle between innovation and imitation, fashion is where the seams of creativity are most often tested by the law. The fashion industry is changing and evolving in weeks, but the intellectual property protection for the same moves in decades. This paper focuses on bridging the gap and keeping both in step. Fashion is ever blooming and a booming industry with new creations and ideas. In parallel with growth in the fashion industry the counterfeit, knockoff and other problems are also rising proportionately. Indian fashion industry is draped in heritage and innovation, from banarasi sarees, kancheepuram handloom sarees to couture gowns, India fashion runs on tradition and trend, though in the Indian scenario fashion items gets various arrays of protection from copyright law, trademark act, designs act and patent law but there is no such fine tuned weave of copyright, design in protecting the same with comparison to the United States and European union. This paper critically examines the legal protection gaps in India relating to counterfeit fashion goods, contrasting them with the comprehensive EU regime that integrates registered and unregistered design rights, efficient enforcement tools, and coordinated customs and digital measures. It emphasizes the need for India to adopt refined counterfeit-specific protections inspired by international best practices to safeguard its creative industries, it proposes legal reforms aimed at strengthened enforcement, expedited protection processes, and technological integration to curb the rising menace of counterfeit fashion products and protect the integrity of Indian fashion on the global stage. Thus, providing for curating the best foster care environment for protecting the creative hub of fashion and pragmatic approach for the same is also discussed.
Keywords: Fashion industry, Innovation, European Union, counterfeit.
