Fashion law, otherwise called apparel law, is an evolving forte or talent so to speak that includes issues encompassing the life of a piece of clothing from origination to brand assurance. Fashion law clients comprise of mostly design houses, wholesalers, tailors, modeling agencies, retailers, and photographers. Since the field is not one which a person would think of normally, there are very less institutions in India as well as abroad that offer young to- be lawyers to specialize in the fashion industry. This article deals with the important case laws which specifically focuses on the nuances of the fashion law.
What does fashion law mean and what all does it entail?
Fashion law, also known as apparel law, is an emerging legal specialty that encompasses issues surrounding the life of a garment from conception to brand protection. Fashion law clients include designers, fashion houses, distributors, manufacturers, modeling agencies, retailers, and photographers.
New York Senator Charles Schumer introduced the Innovative Design Protection and Piracy Protection Act (IDPPPA) in August 2010. The IDPPPA protects designs that are deemed to be “unique” and “original.”
Fashion is a part of our everyday life. It has been a part of process of evolution since the inception and has bloomed into a very independent and separate industry itself creating new brands and businesses and providing employment to numerous and contributing, what is, a huge chunk of the nation’s economy.
Fashion is a form of art and thus, this industry is based on the creativity and ideas of the designers. Exclusivity is tool of every brand and business operating in this market that approaches the snobbish appeal to a certain class of people making them different from the others. The bigger the brand, the greater is the appeal and thus, greater is the demand of the product and monetary benefits. This act of copying or counterfeiting poses a great threat not just to the existence of multi-national fashion brands in India, but also to the economy.
Fashion lawyers assist their clients on legal issues confronting the style, material, clothing, extravagance, footwear, gems, and beautifying agents- cosmetic businesses. These run the extent from authorizing, marketing, conveyance, and diversifying contracts to licensed innovation/ intellectual property, business, and labour related issues.
They involve security, manageability, and consumer protection issues. Different parts of corporate, land, assessment, and business law additionally become possibly the most important factor of fashion law. Fashion attorneys play out a wide scope of obligations from drafting and negotiating contracts to acknowledgement and litigation of trademark, copyright, and other IPR related issues.
Thus, cometh the need of IPR laws tot protect the intellectual property ,i. e the designs of the designers from getting copied and them getting striped off their rights over their designs. The laws in India that protect the work of the designers from design piracy are majorly Copyrights act and Design act, but trademarks act and Patents act also works in Chorus.
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