Threads Of Protection Navigating Moral Rights And Intellectual Property In Fashion Innovation
- IJLLR Journal
- Apr 13
- 2 min read
Kashish Lalwani, Christ (Deemed To Be University), Delhi NCR
Kevin Varghese, Christ (Deemed To Be University), Delhi NCR
ABSTRACT
The purpose of this research paper is to critically analyze the junction between fashion law, IPR, and moral rights in India, explaining why the current legal structure lacks the ability to safeguard fashion designs properly. Objectives include discussing existing IPR frameworks, researching applicability of moral rights, and finally proposing actionable solutions for further improvement in designer protections. This study, through the doctrinal approach, reviews current legislation and case law with a comparative analysis with jurisdictions like the European Union.
Major lacunae persist in the Indian IPR framework, especially concerning the "useful articles" doctrine, which denies full copyright protection over fashion designs. The paper sets up the role of moral rights, like the right of attribution and integrity, for the protection of the designer's reputation and creative work. Lastly, it seeks sui generis legislation, specific to the industry of fashion, which would guarantee full protection and strengthen the mechanism of enforcement. The paper argues for changes in the law that reinforce IPR protections and further enhance public awareness with respect to the value of original designs. All these challenges addressed will enable the research to nurture a more balanced, equitable, and sustainable industry in fashion, one which is respectful of the creator's rights.
The evolving landscape of fashion law, securing intellectual property rights (IPR) for designers has become essential to protect creative innovation within the industry. Moral rights, a subset of IPR, play a crucial role in maintaining the integrity and authorship of fashion designs, especially in a competitive market where rapid replication can dilute originality. Copyright protection, though limited for fashion in many jurisdictions, is increasingly recognized as a valuable tool for safeguarding designer reputations and ensuring due credit. In India, where the fashion industry is rapidly expanding, the legal framework around designer protections remains in development, balancing traditional design norms with modern IP standards. Indian law currently provides copyright protection for registered designs, yet gaps persist, particularly in enforcing moral rights within fashion. Through improved awareness and legal reforms, India can pave the way for robust protections that honor both the economic and moral dimensions of fashion innovation.
Keywords: Fashion law, intellectual property rights, Moral rights, useful articles, attribution, integrity and authorship.
