The Piracy Paradox : Fashion Design Piracy and IPR Protection

Yashika Nagpal, Amity Law School, Delhi (Affiliated To Guru Gobind Singh Indraprastha University)

ABSTRACT

The Indian textile, apparel and fashion industry is one of the pioneers in the world with an extensive manufacturing base and raw material. With the advent of globalisation, the increased commerce and trade has opened up gates for counterfeiters to use India’s low cost manufacturing base for production manufacturing and distribution of counterfeited products. The presence of such goods has become a problem of immense magnitude and has raised serious concern for the government, policy makers and fashion houses. Neglect in protection of any kind of IPR can lead to piracy of innovative and unique fashion designs that deserve a wholesome IPR legislation. The various assumptions about the fashion industry has failed to describe the market reality, wherein technology has been an aid in advancing copies that can beat originals and this is what the emerging fashion houses and designers suffer the most. As an integral constituent of negative spaces, the creative fashion products stand largely unprotected. This paper mainly intends to look at the current protection being provided by IPR legislations, its impact upon the Indian Fashion Industry and the basis upon which it is criticised. It provides an overview of the existing arguments in respect to the grant of property rights in fashion creations, the concept of piracy paradox and an analysis as to why innovation in this field should be promoted and protected. The present study also aims to research key determinants influencing consumers in buying counterfeited products by analysing and exploring the anti counterfeiting measures preventing piracy and other such strategies to combat these illicit activities. The conclusion underscores the very importance and need of passing a legislation which would fashion a remedy and be able to protect innovation and creativity.