IPR in Fashion

One of the most notable sociological phenomena of modern civilizations over the past few decades has been the always changing creative expression of the fashion industry. The ability of a company to create and capitalise on a distinctive brand to get the competitive edge necessary for success is at the core of the fashion industry, which goes beyond only clothing and accessories. When a style or brand becomes well-known, others often brazenly imitate it, which causes the creators of the original goods to suffer a great loss. A lot of the time, we see knockoffs of well-known brands whose products not only harm the fashion industry but also pose a serious threat to the economy. Thus, it becomes essential to protect IPR in fashion to accord increased protection and economic benefits to designers and brands.

Role of IPR in Fashion

Intellectual property (IP) rights are the legal protections for the intangible inventions of the human mind. Almost every industry, including the fashion industry, recognises them as a significant body of legislation because of their capacity to safeguard intellectual property. IPR and the fashion industry do in fact go hand in hand since the creations or designs that are seen as fashion in the industry are thought to be the intellectual works of an individual who has the only right to protect them. In light of this, each industrial design asset and the brand that markets it must be secured by intellectual property rights in the fashion sector.

Following Are the Most Common Types of Intellectual Property and the Fashion Items Protected Under Them:

 

1. COPYRIGHT-

Copyrights are the exclusive legal protections for unique artistic creations. Nothing can ever be protected by a copyright if it is functional or serves a practical purpose. If fashion designs meet the criteria for creativity, uniqueness, and fixing in a tangible medium, they are protected in the fashion sector.

Jewellery is given copyright protection in the fashion industry because it is aesthetically pleasing and resembles small sculptures. Two-dimensional designs, such as fabric prints, lace patterns, and jacquard weave, are another aspect of fashion that is protected by copyright. For a designer that is producing their own fabric, this type of protection proves to be very advantageous.

 

2. TRADEMARK

A trademark is something that distinguishably identifies the source of the goods and services, such as a term, name, symbol, logo, or design. In the fashion sector, trademark protection often just covers the logo or the fashion label rather than a whole accessory or clothing. It is highly recommended for fashion designers to register their mark in order to protect their brand’s right to revenue and to aid customers in telling the difference between authentic and counterfeit goods. Trademark protection is a relatively strong form of protection for well-known and recognised fashion brands. To name a few, apparel, accessories, shoes, and fabric are just a few examples of the kind of things that can be registered in the fashion industry.

 

3. PATENT-

A patent is an exclusive intellectual property right given to innovators whose work results in the conception of a novel process. In the case of the fashion business, a patent must cover an invention that is not only practical but also brand-new or original to the general public. Therefore, patent protection is a crucial factor in successfully commercialising fashion companies, which in particular require significant capital to finish their development and reach the commercial stage. In the fashion industry, there are a few product categories that have long been covered by patent protection, including athletic footwear and base layers or undergarments. Another subcategory of patents called “DESIGN PATENTS” protects the adornment and adornment of practical objects. A design patent may be possible for handbags or shoes that are exceptionally sculptural or aesthetically pleasing.

Trends now in style and contentious topics in the industry

The most crucial components of the fashion industry are creativity and a strong visual imagination. Contrary to popular belief, the fashion sector faces a serious challenge from fake and counterfeit goods. On the one hand, the abundance of originality and visual imagination aid firms in gaining awareness. There may be numerous instances of intellectual property rights infringement worldwide if one regularly monitors the news. For instance, in one instance, Louis Vuitton, a French fashion brand, sued a Chinese women’s shoe outlet for selling shoes that closely resembled notable elements and characteristics of its most recent spring collection. Such incidents violate people’s rights in addition to harming the brand’s name and reputation in the fashion business.

IPR as a tool to advance a brand’s growth and reputation

A powerful and well-known brand is known for its effective marketing and strategic assets. The brand’s reputation is crucial for attracting new clients and fostering business expansion. The distribution and wise application of intellectual property rights are essential for building a long-lasting and reliable brand. IP rights often cause a brand’s reputation to change. A brand can distribute and monetize its IP rights in a variety of ways to achieve the most output and growth.

IP rights protection through registration

It’s crucial to recognise, create, and register intellectual property rights. It is crucial to register one’s IP because everyone is trying to get a competitive edge in today’s world of counterfeit goods by using unethical tactics like copying, imitating, and counterfeiting. In the digital world, IP registration is a cheap and easy operation. The long-term development of a corporation results from investing money in IP development. A brand receives the proper recognition as a result.

Enhances a brand’s overall development, income, and reputation

To produce more outcomes and greater revenue, a company or brand should be proactive in deploying intellectual property rights solutions. IP rights can be successfully included into marketing messages. A trademark of this nature can aid in the marketing of a brand using its name. Geographical identifiers can enhance a brand’s perception of quality and help consumers identify the origins of the product. A brand’s total reputation can rise and its position in the market can be cemented with the support of clearly defined IP rights. It provides a competitive edge as well.

Makes a brand more trustworthy and authentic

IP rights can boost a brand’s reputation. Customers tend to view well-known fashion labels like Zara and Sabyasachi as being more trustworthy and sincere. Consumers frequently connect brand ideals to personal values. As vital as registering your intellectual property rights is having a solid portfolio of those rights. IP rights should be commercialised in an original fashion so that consumers find them more desirable. A solid marketing and HR team should be invested in in addition to everything else, especially now that the entire world is digital.

Online and global recognition

There is fierce market competition today. Now more than ever, businesses must compete in a much larger market. As a result, the brands must increase their online and global presence. International IP rights registration is essential for growing their global presence. An efficient online marketing plan is required to mark their presence online. It is also crucial to protect your internet assets, such as by registering domain names. Fashion companies can display their goods on a variety of e-commerce sites. This will eventually broaden their exposure and ensure that their authors are properly credited.

Louis Vuitton vs. My Other Bag

This example of copyright violation is well-known. In this instance, the company ‘My Other Bag’ created a spoof tote bag with a print of a Louis Vuitton image. My other bag was the target of a lawsuit by Louis Vuitton for design and copyright theft.

In this case, the court ruled that the parody accounts could convey two contemporaneous, diametrically opposed meanings. Louis Vuitton, the petitioner, complained that the defendant had attempted to imitate their copyrighted design. The petitioner added that it is attempting to defend its IP rights in its defence. The court rejected the accusations since the defendant’s offering was a parody.

Puma vs. Forever 21

Infringement of copyright and design are issues in this case. Puma suede forever 21 and the latter have imitated the limited-edition sneakers created by well-known singer Rihanna under the puma brand. The singer Rihanna personally developed the Creeper Sneaker, Fur Slide, and Bow Slide for the Fenty line. The court in this case decided that a product does not automatically fall under the umbrella of copyright production merely because a particular celebrity is associated with it or has supported it. Copyright is issued based on the originality and novelty of a particular design as well as the design’s individuality. The lawsuit and this case made no mention of Rihanna.

CONCLUSION

The fashion industry is all about creativity, and it is well known to devote a significant sum of money each season to develop fresh and original concepts. Fashion designers typically fail to secure their intellectual property despite this significant investment because of the rising popularity of knockoff clothing. Even while it would be very impossible to completely eradicate the problem of fake goods and stop others from duplicating the idea, the likelihood of harm is decreased if the innovation is secured. As a result, it is crucial that those who hold intellectual property be vigilant and seek the appropriate protection for their creations and businesses.

As a result, it is crucial that those who hold intellectual property be vigilant and seek the appropriate protection for their creations and businesses. In order to protect intellectual property and advance their nation’s economy, all governments should pay attention to current trends in counterfeiting and implement relevant regulations for the fashion industry.