IPR in Fashion

The fashion industry is one of the most innovative and emerging industries. New products and ideas are presented every day. Innovation and new ideas are the key factors in the fashion industry and therefore no one can doubt the importance of protection and intellectual property rights when developing and marketing products in the industry. wear. . However, when it comes to the smaller or local sector, protecting these spiritual values is overlooked. In today’s business environment, original creative expressions and innovation are the main source of competitive advantage for all businesses, including those in the fashion industry.

The fashion industry is growing better and faster than ever. Since fashion is not limited to clothing or apparel but also extends to luxury goods, intellectual property rights (IPRs) have a huge impact on this industry. Intellectual property rights in global fashion are becoming increasingly important as fashion designers often complain about their designs being pirated or copied. This so-called plagiarism harms the growth of this industry and must therefore be contained.

The different aspects of intellectual property in the fashion industry or any other industry are: copyright, trademarks and patents.

Copyright is the protection of the original literary or artistic work. It incorporates the creative element of fashion design and cannot include physical functionality. While the garment itself cannot be copyrighted, the product design may be copyrighted, such as the print design.

Trademarks include signs, logos, quotes, and symbols, and in the fashion industry, trademarks. Brands are incredibly important in fashion, and since fashion patents are harder to obtain, fashion companies will go to great lengths to protect their unique brands, and many fashion companies are using protective measures instead.

Trademarks are cheaper and more convenient to obtain than patents and generally take less time to obtain. But unfortunately the mistake of brands is that they cannot protect the entire item / product, only the logo or symbol on that product.

A creation has to be useful, new and innovative in order to be patentable. While artistic creations cannot be patented, patents may not immediately come to mind when talking about the fashion industry. Plus, fashion trends often change every moment so it’s not worth getting a patent, and patents can also be very expensive until there is a design that can be repeated every year. But technical innovations can also set a fashion company apart from the competition.

Fashion patents give designers the only legal right to their creation, be it a product, design or process related to the fashion industry. Thus, by obtaining a patent on an original creation, a company / creator can protect their right to their own intellectual property (IP).

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

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