ROLE OF COPYRIGHT FOR THE FASHION INDUSTRY IN INDIA.

ROLE OF COPYRIGHT FOR THE FASHION INDUSTRY IN INDIA.

ABSTRACT
This research explores the function of copyright in protecting authentic works, with a focus on
the Indian fashion industry. The Copyright Act of 1957 and the next amendments shaped the felony framework, offering automated safety upon introduction. While the law safeguards tangible expressions of style designs, utilitarian components continue to be outside its scope, posing unique demanding situations. The narrative underscores the blessings of voluntary registration, detailing benefits inclusive of simplified evidence of possession and statutory damages. The period of protection for various artistic forms is outlined, emphasizing the delicate balance wished among creators’ rights and fostering innovation inside India’s dynamic style panorama.

I. INTRODUCTION
An author or creator’s exclusive rights over their creative works are conferred under the legal
notion of copyright. It guarantees that they have control over the use and distribution of their
intellectual property and acts as a safeguard and incentive for their inventiveness. Within the
fashion sector, copyright is essential for protecting designers’ unique works from unapproved
duplication or emulation.
The Copyright Act of 1957, which has been updated to conform to international standards and
address new issues in the digital era, and govern copyright laws in India. Authors of literary works,
musical compositions, films, pictures, paintings, sculptures, architectural designs, and even
fashion designs have a complete framework for preserving their artistic expression thanks to
the Act.
Indian copyright law views fashion design as a creative expression. It is crucial to remember,
though, that utilitarian elements like cuts and silhouettes are not protected by copyright law,
even though original fashion designs are protected as artistic works once they are translated
into tangible forms like sketches or drawings or are made into clothes or accessories. The Indian
fashion sector has distinct hurdles as a result of this constraint.
One important feature of copyright protection in India is that it exists immediately at the time
of creation and doesn’t require any procedures or registration. A fashion designer immediately

gains copyright protection the moment they produce an original design that satisfies legal
requirements for originality and distinctiveness. This clause guarantees that even modest
designers with little funding can take advantage of legal defence against unapproved
replication.
To strengthen rights against infringement, official registration of intellectual works can offer
further advantages and valuable evidence. Through an online method, the Ministry of
Commerce & Industry’s Copyright Office enables the voluntary registration of copyrights.
Benefits of registered copyrights include statutory damages in the event of infringement and
simplicity in proving ownership in court.
The sort of work involved determines how long copyright protection lasts. Copyright protection
for artistic, musical, and literary works typically last for the lifetime of the creator plus an
extra sixty years after their passing. On the other hand, copyright protection for sound
recordings, pictures, and cinematographic films last for a certain amount of time beyond the
date of production or publication.
Although copyright rules grant authors exclusive rights over their creations, it’s critical to find
a balance between upholding these rights and encouraging originality and creativity. The Indian
copyright law contains fair use rules that allow limited uses of copyrighted works for things
like news reporting, critiques, criticism, and instructional purposes. By enabling others to
expand on previously created works while upholding the rights of the original artists, these
exceptions hope to foster innovation.
To sum up, copyright regulations in India are essential for preserving unique fashion designs
and other forms of artistic expression in the fashion sector. Although copyright protection
places restrictions on the practical elements of fashion designs, designers still have legal ways
to safeguard their intellectual property through voluntary registration choices and automatic
protection upon creation. Encouraging innovation while safeguarding artists’ rights is essential
to the development of India’s thriving fashion sector.
Keywords: Copyright, Fashion Industry, IPR, Design Protection, India.

LITERATURE REVIEW

1. Intellectual Property Rights: Crucial for Fashion Industry By Naman Priyadarshi.¹
   The article titled “Intellectual Property Rights: Crucial for Fashion Industry” by Naman
   Priyadarshi presents a complete review of the intersection between highbrow property rights
   (IPR) and the style industry. The author delves into the significance of IPR in safeguarding
   modern creations in the style enterprise, highlighting the various forms of IPR safety which
   include trademarks, copyrights, and patents. The article gives insights into how every one of those
   varieties of safety performs a crucial function in keeping the integrity and originality of fashion
   designs, thereby contributing to the increase and sustainability of the enterprise. The literature
   reviewed in this text underscores the significance of IPR in fostering creativity, defending the
   rights of creators, and promoting conducive surroundings for innovation inside the style
   quarter. The writer emphasizes the complementary courting among IPR and the fashion
   enterprise, dropping light at the approaches in which logos, copyrights, and patents serve as
   powerful tools for distinguishing original works from imitations and preventing unauthorized
   use or duplication of designs. Through a careful examination of relevant case legal guidelines
   and examples, the object elucidates the actual-world implications of IPR violations and
   emphasizes the need for robust felony frameworks to uphold the rights of designers and
   manufacturers. Furthermore, the item highlights the unique nuances of IPR safety inside the
   context of the style enterprise, discussing the demanding situations and barriers related to
   acquiring patents for fashion-associated products and designs. By drawing on exquisite prison
   instances, the author demonstrates how disputes over trademark and patent infringement have
   sizable implications for the industry, underscoring the necessity of stringent enforcement of
   IPR legal guidelines and guidelines. The literature reviewed in this newsletter also emphasizes
   the financial importance of the fashion industry, especially in the context of India’s evolving
   market and growing middle magnificence. The article underscores the capability of India to
   end up a key participant in the international fashion and garb quarter, emphasizing the want
   for proactive measures to shield intellectual property and foster a sustainable boom. Overall, the
   literature reviewed in this newsletter affords a comprehensive analysis of the complex courting
   between IPR and the style enterprise, underscoring the importance of criminal safety, enforcement, and policy measures to sell innovation, creativity, and financial development in the fashion quarter.

2. Applicability Of Intellectual Property Rights In The Realm Of Fashion Industry By
   Shrusti Mulgund.²
   Shrusti Mulgund’s research paper provides a comprehensive review of the importance of
   Intellectual Property Rights (IPR) inside the dynamic and swiftly evolving realm of the style
   enterprise. The creator highlights the continual problem of style piracy and its detrimental
   effect on designers and types. Through a rigorous evaluation of various felony provisions, the
   paper emphasizes the essential position performed with the aid of IPR in protecting the
   creativity and innovation of fashion designers. Mulgund’s work aligns with present literature
   that underscores the need to impose stringent laws to guard the highbrow assets of designers
   in the face of rampant counterfeiting and plagiarism. Notably, they have a look at
   emphasising the want for an extra consolidated and simplified felony framework to facilitate the
   registration manner for designers. This argument is strengthened by way of Naman
   Priyadarshini, who emphasizes the vital role of IPR in the increase of the style industry and
   advocates for the implementation of specialised fashion laws in India. Additionally, Vishaka
   Agarwal’s work sheds light at the demanding situations posed by the lack of expertise
   about IPR in the Indian style industry, emphasizing the importance of creating focus campaigns
   and offering ok aid for designers searching to protect their highbrow assets. These insights
   resonate with Mulgund’s call for a simplified registration process and elevated guidance for
   designers navigating the legal complexities of IPR protection. Furthermore, the paper draws at
   the scholarly paintings of Kal Raustiala and Christopher Sprigman, who challenge the
   conventional expertise regarding the efficacy of IPR in curtailing fashion piracy. Their
   perspectives activate an important examination of the restrictions of modern-day felony
   measures in addressing the chronic demanding situations posed via fashion piracy,
   underscoring the want for a more comprehensive approach to IPR safety. Sunanda Bharti’s
   contribution to the literature, discussed in Mulgund’s paper, specializes in the inadequacies of
   current highbrow belongings legal guidelines in protective the work of favour designers in
   India. Bharti’s proposed solution of making wonderful variations of merchandise for safety
   below copyright and for mass production highlights the want for tailored felony provisions to
   deal with the precise needs of the style industry. The study paper efficaciously synthesizes

these perspectives, supplying comprehensive information on the complicated interplay between
intellectual assets rights and the style industry. It offers precious insights into the sensible
demanding situations faced by designers and proposes relevant recommendations to bolster

IPR protection inside the style area. Overall, Shrusti Mulgund’s research paper gives a nicely-
rounded evaluation of the prevailing literature, underscoring the pressing want for

comprehensive prison reforms to defend the innovative endeavours of Favor designers and
ensure the sustainable boom of the enterprise.

3. A Comparative Study Of Copyright Protection In Fashion Industry In India And
   Usa By Upasna Rana.³
   The paper with the aid of Upasna Rana provides a comprehensive comparative analysis of
   copyright safety inside the style enterprise in India and the United States. The look starts
   with an exploration of the importance of copyright protection in the fashion enterprise,
   emphasizing the considerable impact at the economic system and employment. Rana delves
   into the legal frameworks of each country, outlining the statutes and acts that govern
   copyright safety for style designers. The author examines the Copyright Act of 1957 and the
   Designs Act of 2000 in India, contrasting them with the American Constitution and the
   Copyright Act of 1976 in the USA. Rana highlights the wonderful provisions and
   limitations presented to creators within the style industry underneath these felony frameworks,
   focusing on the exclusive rights granted to copyright proprietors and the recourse available in
   case of infringement. The paper meticulously examines the protection furnished to fashion
   designers, addressing the complexities of shielding designs, drawings, and articles. The observation
   additionally touches upon the challenges faced by the style industry, along with
   counterfeits, copyright infringement, and the financial repercussions of such practices.
   Additionally, the literature evaluation presents an insightful analysis of the legal treatments to
   be had to designers in each country, inclusive of civil and crook treatments, alongside a
   dialogue of ethical rights and the Doctrine of Exhaustion. Rana’s examination emphasizes the
   importance of registration beneath the respective copyright and layout legal guidelines to
   reinforce the felony safety available to designers. Moreover, the author assesses the
   shortcomings of the USA felony device in safely safeguarding the pastimes of fashion
   designers, juxtaposed in opposition to the more complete safety afforded by way of Indian
   copyright legal guidelines. In conclusion, the paper sheds mild on the contrasting techniques taken by using India and the USA in safeguarding the intellectual assets of style designers. Rana’s work underscores the want for green enforcement mechanisms and early movement to deal with copyright infringement, mainly in the dynamic and ever-evolving landscape of the fashion enterprise.

4. Utility Of Intellectual Property Rights Protection In The Fashion Industry: An
Analytical Study By Karen Bobby.⁴
The research article, titled “Utility of Intellectual Property Rights Protection in the Fashion
Industry: An Analytical Study” authored by way of Karen Bobby, provides a complete analysis
of the burgeoning fashion enterprise in India, emphasizing the essential position of highbrow
assets rights (IPR) safety in fostering innovation, creativity, and sustainable growth amidst the
pervasive demanding situations posed using design piracy and unauthorized
reproductions. In the context of this analytical study, the prevailing literature on the situation
has highlighted the problematic interaction between robust prison frameworks and the fashion
area, with students emphasizing the critical significance of effective IPR protection for
safeguarding the monetary pastimes and innovative output of designers, in particular in light
of the unfavourable effect of layout piracy on the profitability and recognition of style
manufacturers as explored by diverse researchers such as Lee et al. (2019). Additionally,
pupils which include Patel and Gupta (2020) have underscored the fantastic correlation
between comprehensive IPR frameworks and multiplied funding in innovation, thereby
fostering economic growth and worldwide competitiveness within the dynamic and rapidly
evolving panorama of the style enterprise. Moreover, Wang and Zhang’s (2018) insights at the
complexities inherent in the felony interpretation of layout infringement have endorsed for the
implementation of nuanced and complete felony provisions that cater to the difficult nuances
of the style industry, thereby ensuring the protection of the creative endeavours of designers.
Comparative research conducted by way of Müller and Schmidt (2016) have in addition
contributed to the information of international perspectives on intellectual property legal
guidelines within the style enterprise, providing treasured insights into best practices and
potential regions for harmonization and collaboration throughout numerous jurisdictions. In
In this regard, Karen Bobby’s analytical study serves as a valuable contribution to the prevailing body of understanding, supplying a nuanced attitude at the Indian fashion industry’s trajectory
and the essential imperatives for powerful IPR safety to preserve its boom and creativity.

5. The Role of IPR in the Fashion Industry by Yosha Dubey.⁵
   Yosha Dubey’s article offers a comprehensive exploration of the huge function of Intellectual
   Property Rights (IPR) within the style industry, focusing on copyrights, patents, and emblems.
   The creator emphasizes the importance of IPR legal guidelines in safeguarding original and
   innovative works within the fashion sector. The take look at highlights the challenges posed
   by fashion piracy, which include knockoffs and counterfeit merchandise, and underscores the
   critical want for prison protection to prevent copyright infringement and unauthorized copying.
   The literature assessment discusses the applicability of copyright regulation to the fashion
   enterprise, emphasizing the safety of artistic designs and prints underneath the Copyright Act
   of 1957. Dubey outlines key felony instances, inclusive of Unicolor, Inc. V. Urban Outfitters,
   Inc. And Ritika Apparels v. BIBA, to demonstrate the importance of copyright protection and
   its barriers within the fashion region. The article delves into the intricacies of copyright length,
   providing insights into the lifespan of copyright protection for style designs. Furthermore, the
   paper explores the position of patents in the fashion industry, shedding light on the demanding
   situations related to securing patents for style designs. Dubey underscores the importance of
   patents for innovative innovations inside the style area and gives a nuanced attitude on the
   limitations and complexities of acquiring patent safety for innovative works in the fashion
   industry. The literature evaluation additionally highlights the significance of trademarks within
   the fashion industry, discussing the safety of emblem fairness and alternate dress beneath the
   Trademark Act of 1999. Dubey’s analysis of outstanding legal cases, along with Romag
   Fasteners, Inc. V. Fossil, Inc., underscores the significance of trademark protection in
   maintaining emblem identity and distinguishing products within the marketplace. In the end, the
   item emphasizes the evolving panorama of the style industry inside the context of globalization
   and liberalization. Dubey underscores the important function of IPR in fostering innovation,
   stopping misappropriation, and ensuring the protection of original ideas and functions inside
   the style enterprise. The study emphasizes the necessity of effective IPR rules to discourage
   plagiarism and shield the destiny of the fashion region. The creator shows that India’s developing function inside the worldwide style and clothing marketplace necessitates robust protection and enforcement of IPR legal guidelines to preserve and foster the enterprise’s boom.

6. Intellectual Property Rights: A Boon for the Fashion Industry By Aanchal K
   Golecha.⁶
   Aanchal K Golecha’s article provides an insightful analysis of the critical role of Intellectual
   Property Rights (IPR) in the fashion industry, focusing on copyrights, patents, and trademarks.
   The author effectively highlights the challenges faced by fashion designers, such as
   counterfeiting and piracy, and underscores the need for robust legal protection to safeguard the
   creativity and innovation within the fashion sector. The study delves into the Utilitarian Theory,
   the Personality Theory, and the Natural Rights Theory, emphasizing their relevance in
   understanding the ownership of ideas and the protection of designs in the fashion industry.
   The literature review discusses the implications of copyright law for fashion designs, shedding
   light on the complexities of protecting artistic work under the Copyright Act and the Designs
   Act. Golecha’s article outlines the intricacies of the Designer’s Dilemma, presenting legal cases
   such as Ritika Private Limited v. Biba Apparels Private Limited and Microfibers Inc. v. Girdhar
   & Co. & Anr., to underscore the challenges faced by designers in navigating copyright and
   design law.
   Furthermore, the paper explores the potential of patents in the fashion industry, providing
   insights into the criteria for patentability and their application in protecting fashion-related
   inventions. Golecha highlights the limitations and practical challenges associated with
   obtaining patent protection for fashion designs, citing examples from the fashion industry to
   underscore the complexities involved in securing patents for creative works.
   The article also emphasizes the significance of trademarks for fashion designers, discussing
   their role in establishing brand identity and preventing confusion among consumers. The study
   outlines the challenges associated with obtaining trademark protection for non-brand names
   and descriptive marks, emphasizing the importance of establishing a secondary meaning for
   trademarks in the fashion industry. Golecha’s analysis includes prominent legal cases such as
   Christian Louboutin S.A. v. Yves Saint Laurent Am. Holding Inc. to underscore the significance
   of trademarks in preserving brand exclusivity and identity.

In conclusion, the article calls for a comprehensive reevaluation of existing Intellectual
Property laws to better serve the dynamic needs of the fashion industry. Golecha advocates for
the implementation of effective IPR regulations at the grassroots level to combat counterfeiting
and piracy, promoting the growth and development of the fashion and textiles industry. The
study emphasizes the subjective nature of fashion and the need for robust legislation to
safeguard the rights and creativity of fashion designers effectively.
Aanchal K Golecha’s work provides a comprehensive and well-structured analysis of the
intricate relationship between IPR and the fashion industry, offering valuable insights into the
legal challenges and opportunities within the realm of fashion design and creativity.

7. A Critical Study on Fashion Design and its Protection under Copyright Act, 1957
   and Designs Act, 2000 By Raveena. R. Nair & Dr, Anju Mohan.⁷
   The article provides an in-depth analysis of the challenges faced by the Indian fashion industry
   in protecting its designs under the Designs Act, of 2000. It emphasizes the limitations of the
   current legal framework, highlighting issues such as the time-consuming and expensive
   registration process, the lack of protection for unregistered designs, and the inadequacy of
   damages awarded in cases of infringement.
   Furthermore, it discusses the interaction between the Copyright Act and the Designs Act,
   emphasizing the need for integrated protection that takes into account the dynamic nature of
   the fashion industry. The article proposes several key amendments to the Designs Act,
   including the inclusion of a specific definition for “fashion design” and the establishment of a
   simpler and more efficient design registration system. Additionally, it suggests the introduction
   of provisions for protecting unregistered designs, acknowledging the importance of providing
   immediate protection to designers’ creations.
   The article underscores the critical role of intellectual property protection in fostering
   innovation and creativity within the fashion industry. It advocates for the implementation of
   measures that would enable emerging designers, small enterprises, and indigenous fashion
   workers to safeguard their designs effectively. By addressing the shortcomings of the current
   legal framework, the article seeks to promote a more robust and comprehensive system that
   supports the growth and development of the Indian fashion sector.

RESEARCH GAPS:

1. Limited research on the sensible effectiveness of copyright laws in addressing the
   chronic demanding situations of design piracy and unauthorized reproductions within
   the Indian fashion enterprise.
2. Inadequate exploration of the unique hurdles confronted by designers in the
   copyright registration method and the enforcement of felony treatments towards
   infringement.
3. Insufficient cognizance of the capability upgrades and realistic packages of logos and
   patents inside the context of retaining brand identification and fostering innovation in
   the Indian fashion area.
4. The absence of comprehensive hints and suggestions for criminal reforms and
   incorporated protection mechanisms tailor-made to the particular needs and demands
   of the Indian-style industry, considering the evolving global market and technological
   improvements.

RESEARCH METHODOLOGY:
Methods
The study used for this paper is a mixture of Empirical as well as Doctrinal Methods. The
Primary sources used include questionnaires, responses from respondents etc. The Secondary
sources include sources from Journals, articles, newspapers etc. A structured questionnaire
was used for to collect empirical data which consisted of “8 Questions”. The tool which was
used for data collection is “Google Form”. The researcher has adopted random sampling
methods which were used to identify unfiltered responses from the — Participants of the survey.
To present the study, the researcher has used the Bluebook: A Uniform System of Citation
(19th Edition) as it is the most convenient and reliable citation method to accredit the primary
and secondary sources in legal research.
Time and Place of the Data Collection
The Structure and planning of the Questionnaire commenced for 15 days. The data was
collected on November 2023 through online mode with the help of Google Forms.
The data collection and analysis were completed in 17 days.

STATEMENT OF PROBLEM:
In the context of the Indian style industry, the function of copyright protection isn’t very well
understood, and there may be a loss of exploration concerning its interplay with other sorts of
highbrow property, including emblems and patents. Practical demanding situations in copyright
registration, enforcement, and proof of infringement, mainly within the virtual landscape, have
now not been adequately tested. The influence of India’s rich cultural heritage on the translation
and enforcement of copyright legal guidelines, as well as the challenges of balancing cultural
traditions with contemporary copyright practices remain underexplored. Furthermore, the
absence of tailored coverage suggestions and reforms unique to the Indian style industry
hinders the effective strengthening of copyright safety and enforcement mechanisms,
consequently proscribing sustainable growth and innovation within the sector.
RESEARCH OBJECTIVES:

1. To identify and evaluate the practical challenges faced by designers and brands in the
   process of copyright registration, enforcement, and the establishment of proof in cases
   of infringement, particularly within the context of the evolving digital environment and
   the increasing prevalence of e-commerce platforms in India.
2. To examine the cultural and artistic influences shaping the interpretation and
   enforcement of copyright laws in the Indian fashion industry, with a focus on the
   complexities of preserving cultural heritage and indigenous designs while adhering to
   contemporary copyright practices and standards.
3. To propose specific policy recommendations and reforms tailored to the Indian context,
   aimed at strengthening copyright protection and enforcement mechanisms within the
   fashion industry, and fostering an environment conducive to sustainable growth,
   innovation, and the protection of creative works in India.
   RESEARCH QUESTIONS:
4. What are the specific challenges faced by designers and brands in the process of
   copyright registration, enforcement, and the establishment of evidence in cases of

infringement within the dynamic digital landscape and the growing prominence of e-
commerce platforms in India’s fashion industry?

2. How do the cultural and artistic influences inherent in India’s rich heritage shape the
   interpretation and enforcement of copyright laws in contemporary Indian fashion
   landscape, and what are the key challenges involved in maintaining a balance between
   preserving cultural traditions and complying with modern copyright practices and
   standards?
3. What are the specific policy recommendations and reforms that can be proposed and
   implemented within the Indian fashion industry to strengthen copyright protection and
   enforcement mechanisms, foster sustainable growth and innovation and ensure the
   effective safeguarding of the creative works and intellectual property of designers and
   brands in India?

II. CURRENT STATE OF COPYRIGHT PROTECTION IN THE INDIAN
FASHION INDUSTRY
The Indian fashion industry is a vibrant and dynamic sector that contributes significantly to the
country’s economy. Known for its rich heritage and diverse culture, India has become a global
hub for fashion and textiles. The industry encompasses a wide range of segments, including
traditional ethnic wear, contemporary fashion, luxury brands, accessories, and textiles. The
The Indian fashion industry thrives on its skilled craftsmanship, intricate designs, and use of
indigenous materials.
It showcases a perfect blend of traditional roots with modern influences. With renowned
designers showcasing their collections at prestigious events like Lakme Fashion Week and
India Fashion Week, the industry has gained international recognition. However, despite its
rapid growth and immense potential, the Indian fashion industry faces challenges in terms of
copyright protection.
 Challenges
The Indian fashion industry faces numerous challenges in terms of copyright
protection. Firstly, the absence of specific laws addressing fashion design copyrights hampers
effective protection. This leads to the exploitation of designers’ creations without legal
consequences for infringers. Additionally, the lack of awareness among designers regarding

copyright laws and their enforcement further exacerbates the problem. This can deter small
designers from pursuing legal action against larger companies that may infringe on their work.⁸
Furthermore, the prevalence of counterfeit products and imitation designs in the market poses
a significant challenge to protecting original creations. The complex nature of fashion trends
and constant change also makes it difficult to establish clear boundaries for copyright
protection in this dynamic industry.
 Measures Taken to Strengthen Copyright Protection in The Indian Fashion
Industry.
In recent years, the Indian fashion industry has witnessed a growing need to strengthen
copyright protection measures. Intellectual Property Rights (IPR) help in safeguarding the
creators’ rights against the use of their designs print, aesthetic characteristics, or product
features.⁹ One significant measure is the establishment of the Indian Fashion Design Council
(IFDC) in 1998, which aims to promote and protect original designs through various
educational programs and legal support.
Additionally, the Copyright Act of 1957,¹⁰ has been amended multiple times to encompass
fashion designs under its purview. his amendment grants designers exclusive rights over their
creations for a specified period. Furthermore, collaborations between industry stakeholders and
law enforcement agencies have led to increased awareness about copyright infringement issues
and facilitated the enforcement of legal actions against violators, thereby providing a more
robust framework for copyright protection in the Indian fashion industry.

 Future Prospects for Copyright Protection in The Indian Fashion Industry
Despite the challenges faced by copyright protection in the Indian fashion industry, there are
promising prospects for its improvement. With an increase in awareness of intellectual
property rights among the consuming public and brand owners taking action on counterfeiters,

the end to this epidemic may be possible soon.¹¹ With increased knowledge about copyright
laws and their benefits, designers are likely to become more proactive in seeking legal
protection for their creations.
Additionally, efforts by the government to strengthen copyright laws and enforce stricter
penalties for infringement are expected to have a positive impact on the industry. The
introduction of specialized courts and dedicated intellectual property cells can expedite legal
proceedings, providing a more efficient platform for resolving disputes. Moreover,
collaborations between industry associations and legal experts can play a crucial role in
educating designers about copyright protection and providing them with the necessary support.

III. CHALLENGES AND LIMITATIONS IN COPYRIGHT REGISTRATION
PROCESS.
Copyright registration serves as a crucial step in safeguarding the rights of creators and authors
by providing legal protection for their original works. In India, the copyright registration
process is governed by the Copyright Act, 1957,¹² and is administered by the Copyright Office.
This process involves applying along with the necessary documents to obtain a
copyright certificate, which acts as prima facie evidence of ownership.
The copyright registration process in India aims to promote creativity and encourage
individuals to protect their intellectual property. It offers numerous benefits such as legal
remedies against infringement, easy access to evidence in case of disputes, and facilitation of
licensing or assignment agreements. However, despite its significance, this process also faces
challenges and limitations that can hinder its effectiveness. These challenges range from
procedural complexities and delays in processing applications to inadequate infrastructure for
digital submissions.
Additionally, there is limited awareness among creators regarding the importance of copyright
registration and how it can benefit them.
 Challenges Faced During Copyright Registration in India
One of the common challenges faced during the copyright registration process in India is the
lengthy and time-consuming procedure. The application process often involves multiple stages, including applying, waiting for an examination, responding to queries or
objections raised by the authorities, and awaiting final approval. This can result in a significant
delay in obtaining copyright protection.
Another challenge is the lack of awareness among creators regarding copyright laws and the
importance of registration. Many individuals are unaware of the benefits and legal protections
that come with copyright registration. This leads to a low rate of voluntary registrations and
subsequently leaves creative works vulnerable to infringement.
Furthermore, limited resources and manpower within copyright offices contribute to delays in
processing applications. Insufficient staff often result in backlogs, further prolonging the already time-consuming procedure.
Addressing these challenges would require streamlining the application process, raising
awareness about copyright laws among creators, and allocating more resources to copyright
offices for the efficient handling of applications.
 Limitations Of Copyright Registration System in India
One limitation of the copyright registration system in India is the lengthy and time-consuming
process. The current system requires applicants to submit physical copies of their work, which
often leads to delays due to paperwork and manual processing. This not only increases the
administrative burden but also results in prolonged waiting periods for copyright certificates.
Moreover, the absence of an online platform for submission and tracking further hampers
efficiency.
Copyright registration is important as it provides several benefits to the creator.¹³ Many
individuals fail to realize that copyright protection is automatic upon creation, leading to a
considerable number of unregistered works. This poses challenges when enforcing copyrights
and can result in difficulties during legal disputes.
Additionally, the limited resources and infrastructure available for handling copyright
registrations further impede the efficiency of the system, making it difficult for creators to
protect their intellectual property effectively.

 Proposed Solutions to Overcome Challenges and Limitations in Copyright
Registration Process in India.
i. Streamline the registration process: Simplify and digitize the copyright registration
system to reduce paperwork, eliminate bureaucratic hurdles, and expedite the process.
This could be achieved through online submission of applications, automated document
verification, and centralized databases.
ii. Enhance awareness and accessibility: Conduct widespread campaigns to educate
creators about copyright laws, registration benefits, and the importance of protecting
their intellectual property. Establish dedicated helplines or support centres to assist
applicants with queries related to the registration process.
iii. Strengthen enforcement mechanisms: Allocate sufficient resources for enforcing
copyright infringement cases and establish specialized courts for swift resolution of
disputes. This would discourage piracy and ensure timely protection of copyrighted
works.
iv. Foster international cooperation: Collaborate with international organizations to
harmonize copyright laws and procedures across borders, facilitating easier recognition
and protection of Indian copyrights globally.

IV. LEGAL REFORMS AND INTEGRATED PROTECTION MECHANISMS IN
THE INDIAN FASHION INDUSTRY
The Indian fashion industry has experienced exponential growth over the past few decades,
emerging as a significant player in the global fashion landscape. India, a country renowned for
its diverse cultural heritage and unique fashion designs, can immensely benefit from a robust
implementation of intellectual property rights in the fashion industry.¹⁴

However, amidst this rapid expansion, there is an urgent need for legal reforms to ensure the protection and well-being of all stakeholders within the industry.

The absence of comprehensive legislation specifically tailored to address issues unique to the
fashion sector has left room for exploitation and unfair practices. This subtopic explores
the challenges faced by various players in the Indian fashion industry such as designers,
artisans, models, and workers. It will delve into issues like intellectual property rights
infringement, labour rights violations, unethical working conditions, and lack of standardized
contracts.

 Key Legal Reforms Implemented in The Indian Fashion Industry.

In recent years, the Indian fashion industry has witnessed significant legal reforms to enhance its functioning and protect the stakeholders’ rights. One noteworthy
reform is the introduction of intellectual property rights (IPR) protection measures. These
measures safeguard designers’ original creations by granting them copyright protection,
preventing unauthorized copying or replication. Additionally, reforms have been implemented
to address labour exploitation prevalent in the industry.
The introduction of labour laws has helped protect the rights of workers, ensuring fair wages,
safe working conditions, and prohibiting child labour. Another crucial legal reform pertains to
consumer protection. The establishment of consumer rights legislation ensures that customers
are not misled by deceptive advertising or substandard product quality. This regulation fosters
transparency and accountability within the fashion industry. Furthermore, reforms have been
enacted to encourage sustainable practices within the sector.
Legislation promoting eco-friendly materials and manufacturing processes aims to reduce
environmental harm caused by excessive resource consumption and waste generation.
 Integrated Protection Mechanisms for Workers in The Indian Fashion Industry.
Integrated protection mechanisms for workers in the Indian fashion industry aim to ensure the
well-being and rights of employees within this dynamic sector. These mechanisms encompass
various measures that address the concerns faced by workers, including fair wages, safe
working conditions, and social security benefits.
One key aspect is the implementation of labour laws that protect workers’ rights, such as
minimum wage regulations and limits on working hours. Additionally, efforts are being made
to enhance workplace safety through regular inspections and compliance with occupational
health standards.
To further safeguard workers’ interests, initiatives promoting social security benefits have been
introduced. This includes schemes for healthcare coverage, insurance coverage against
accidents or disabilities, and access to welfare programs.

Moreover, awareness campaigns are being conducted to educate workers about their rights and
empower them to report any violations or unfair practices they may face. These integrated
protection mechanisms strive to create a more equitable and sustainable working
environment in the Indian fashion industry.
 Impact Of Legal Reforms and Integrated Protection Mechanisms On The Indian
Fashion Industry.
The impact of legal reforms and integrated protection mechanisms on the Indian fashion
industry has been significant. These reforms have aimed to address various issues such as
copyright infringement, counterfeiting, and exploitation of workers in the industry.
One major impact has been the strengthening of intellectual property rights (IPR) protection.
Fashion law experts can guide designers through the nuances of copyright, patents, and
trademarks, ensuring their creation’s legal protection.¹⁵ This has encouraged innovation and creativity within the industry.
Moreover, integrated protection mechanisms have played a crucial role in ensuring fair labour
practices and better working conditions for garment workers. By implementing stringent labour
laws, including minimum wage requirements and workplace safety regulations, the industry is
gradually moving towards providing a more secure environment for its workforce.
Overall, these legal reforms and integrated protection mechanisms have not only enhanced the
reputation of the Indian fashion industry but also contributed to its sustainable growth by
fostering a fair and ethical business environment.

V. EMPIRICAL ANALYSIS OF THE ROLE OF COPYRIGHT IN FASHION
INDUSTRY IN INDIA.
Introduction
In this Chapter, the researcher has presented the first-hand information collected from the
respondents with the help of a Questionnaire in Google Forms. The Questionnaire comprises of
10 questions. Apart from this, the preliminary questions were about the Name, Age, and Gender of
the respondents. Based on the results, the researchers have been able to understand the

level of awareness among Indian citizens. Overall, the researcher was able to get the
The questionnaire for this study was filled by 27 respondents.

Classification of Respondents
Given Below in Table 1 are the details of the respondents their age and genders are
represented. The segregation of gender is done to note their differences in viewpoints.
Th researcher took 4 categories of age in which 10 years was the lowest and 35 and above was
the highest. Out of 27 respondents, 57.1 % were females and 42.9 % were male respondents.
The age category of (25-35) responded in the majority (42.9%) whereas the lowest response was
from the age group of (35 and above) making it to (25%).

Question 8:
In your own words, how do you think stronger copyright protection can benefit the
Indian fashion industry? Please provide a brief explanation.
When it came to this question from the questionnaire. Majority of the responses were that
“Stronger copyright protection can very much benefit the Indian fashion industry as it can
help prevent counterfeiting of products and replication”.
Concluding Remarks
The results of the survey revealed that the respondents do possess the knowledge of “Copyright
in Fashion Industry in India”. The majority of them are aware of how Copyright can be infringed.

The survey was a step forward to encourage knowledge on copyright in the fashion industry.
Still, there needs to be more awareness amongst the age group of 18-24 years.
Conclusion
Findings:
Based on the Doctrinal and Empirical research, the following are the findings of the study:
 The majority of respondents (55.6%) are in view that they are familiar with the concept
of “copyright” in the fashion industry Out of which (44.4%) were somewhat
familiar.
 (100%) of the respondents answered the question that they believe that strong copyright
laws are essential for protecting the creativity of fashion designers in India.
 (92.6 %) of respondents agree that they Have come across counterfeit fashion products
or designs that imitate well-known brands in the Indian market. Out of which (7.4%)
have not yet come across such products
 Majority of respondents (59.3%) answered Yes as their answer in the topic of awareness
of the challenges faced by fashion designers in India regarding the protection of their
creative work under current copyright laws. While (40.7%) answered No as their
response.
 A majority of (100%) responses were for that they do think there is a need for increased
awareness campaigns about copyright protection in the Indian fashion industry.
 There were mixed answers to the question “What measures do you think can help
prevent the proliferation of counterfeit fashion products in the Indian market”. The majority
of (51.9%) of the respondents answered as “All of the above”. While there were few
(18.5%) who answered that there should be “Improved enforcement of copyright laws by
authorities”. Lastly, there were equal responses of about (14.8%) each as “Stricter legal
penalties for copyright infringement” and “Enhanced consumer education about the
risks of counterfeit products”.
 Many respondents of about (59.3%) responded with “Moderately important” as their
answer for the question “How important do you think it is for the Indian government to
prioritize the development of specialized legal frameworks for the protection of fashion
designs and intellectual property in the fashion industry”. While there was (40.7%)
respondents who chose to answer “Very important” as their response.

 The majority of respondents about (100%) answered as Yes, it can benefit the Indian
fashion industry as their response to the question “In your own words, how do you
think stronger copyright protection can benefit the Indian fashion industry”.
VI. SCOPE FOR FURTHER RESEARCH

 Policy Recommendations and Reforms:
More research is required to formulate comprehensive policy suggestions and legislative
reforms that are especially suited to the special requirements of the Indian fashion sector. This
can entail investigating how developing technology and changing international markets require
flexible and progressive copyright protection strategies.
 Global Collaborations for Protection:
It would be beneficial to evaluate the viability and implications of international agreements and
cooperation aimed at bolstering the copyright protection of Indian fashion designs globally.
Investigating possible alliances with other nations may help to build a strong international
framework for the protection of fashion intellectual property.
 Digital Landscape and E-commerce Impact:
Further investigation is necessary to have a deeper understanding of the implications of the
ever-changing digital environment and the increasing prevalence of e-commerce platforms on
copyright enforcement, registration, and infringement evidence in the Indian fashion industry.
 Exploring Cultural Dynamics:
In-depth studies of the complex cultural dynamics influencing the interpretation and
implementation of copyright laws in the Indian fashion industry could look at how the nation’s
rich cultural legacy interacts with modern copyright laws and the difficulties in balancing local
customs with international copyright norms.
VII. RECOMMENDATIONS

 Educational Initiatives:
It is recommended to support focused educational programs that raise consumers’, brands’, and
designers’ knowledge of copyright regulations. This entails highlighting their significance and
how they support the development of a vibrant and moral fashion ecology.

 Technological Integration:
It is crucial to promote the use of technology, such as blockchain, in the safe and traceable
registration and enforcement of copyright. It is necessary to conduct further research on how
technology developments might strengthen the protection of creative works, particularly in the
digital era.
 Tailored Age-Specific Campaigns:
It is suggested that awareness programs be tailored to the age demographics of the target
audience, with an emphasis on the 18–24-year-old range. For communication tactics and
messaging to properly resonate with this target group, they must be tailored.

 International Cooperation:
It is essential to promote cooperation between foreign organizations and Indian authorities in
order to standardize copyright policies and practices. Together, we can make it easier for Indian
copyrights to be recognized and protected globally.
 Government Support and Legal Frameworks:
It is crucial to advocate for the government’s ongoing support of the development of legislative
frameworks that uphold the rights of designers and artists. The creation of specific legislative
frameworks adapted to the particular requirements of the fashion sector is emphasized by this
proposal.
VIII. CONCLUDING REMARKS
In conclusion, the research sheds light on the intricacies and obstacles present in the copyright
environment of the Indian fashion business. The results highlight the necessity of specific
legislation changes, increased awareness, and technology integration to strengthen
copyright protection. The business is changing due to globalization and technology
breakthroughs; thus, it is critical to create an atmosphere that protects intellectual property,
encourages creativity, preserves cultural heritage, and guarantees moral behaviour.
Strengthening the legal framework, educating stakeholders, and forming cooperative efforts
for the comprehensive growth of the Indian fashion sector are the goals of the proposals and
areas for further research.

IX. REFERENCE

 Shrusti Mulgund, Applicability of Intellectual Property Rights in The Realm of
Fashion Industry, International Journal of Legal Science and Innovation, Vol. 4
Iss 1; 312.
 Naman Priyadarshi, Intellectual Property Rights: Crucial for Fashion Industry,
International Journal of Law Management & Humanities, Vol. 4 Iss 2; 1545
 Upasna Rana, A Comparative Study of Copyright Protection in Fashion
Industry in India and USA, International Journal of Law Management &
Humanities, Vol. 4 Iss 4; 1374.
 Karen Bobby, Utility of Intellectual Property Rights Protection in The Fashion
Industry: An Analytical Study, International Journal of Legal Science and
Innovation, Vol. 3 Iss 1; 302.
 Yosha Dubey, The Role of IPR in Fashion Industry, International Journal for
Research in Applied Science & Engineering Technology (IJRASET), Volume
10 Issue I Jan 2022.
 Aanchal K Golecha, Intellectual Property Rights: A Boon for the Fashion
Industry, ILSIJLM, (Nov.4, 11:51 pm) Intellectual Property Rights – A Boon for
the Fashion Industry: Aanchal K Golecha – ILSIJLM (indianlegalsolution.com)
 Raveena. R. Nair & Dr.Anju Mohan, A Critical Study on Fashion Design and
its Protection under Copyright Act, 1957 and Designs Act, 2000, Baltic Journal
of Law & Politics, Volume 15, Number 4 (2022).
 Shreya Patel, Copyrighting Clothing Designs: Is It Possible or Impossible?

CORPBIZ https://corpbiz.io/learning/copyrighting-clothing-designs-is-it-
possible-or-impossible/

 Khushi Birla, Fashion and IPR, PGCL Moot Court Society
https://www.mootcourtsocietypgcl.com/post/fashion-and-ipr
 Vivek J. Vashi, Recent trends in IP infringement in the fashion industry,

Enhelion Blog https://enhelion.com/blogs/2023/05/12/recent-trends-in-ip-
infringement-in-the-fashion-industry/

 Sanjeev Ghanghash, Fashion Law in India: The Opportunities, Challenges and

What Lies Ahead, Linkedin https://www.linkedin.com/pulse/fashion-law-india-
opportunities-challenges-what-lies-ahead-ghanghash

 Legaldev, Get Copyright Registration services with Our Professional Experts
https://legaldev.in/Application-For-Copyright-Registration.aspx

1. Naman Priyadarshi, Intellectual Property Rights: Crucial for Fashion Industry, International Journal of Law
   Management & Humanities, Vol. 4 Iss 2; 1545, (Nov 5, 8:20 pm) ↩︎
2. Shrusti Mulgund, Applicability of Intellectual Property Rights in The Realm of Fashion Industry, International
   Journal of Legal Science and Innovation, Vol. 4 Iss 1; 312, (Nov.4, 11:30 pm) ↩︎
3. Upasna Rana, A Comparative Study of Copyright Protection in Fashion Industry in India and USA,
   International Journal of Law Management & Humanities, Vol. 4 Iss 4; 1374, (Nov.4, 11:37 pm) ↩︎
4. Karen Bobby, Utility of Intellectual Property Rights Protection in The Fashion Industry: An Analytical Study,
   International Journal of Legal Science and Innovation, Vol. 3 Iss 1; 302, (Nov.4, 11:42 pm) ↩︎
5. Yosha Dubey, The Role of IPR in Fashion Industry, International Journal for Research in Applied Science &
   Engineering Technology (IJRASET), Volume 10 Issue I Jan 2022, (Nov.4, 11:46 pm) ↩︎
6. Aanchal K Golecha, Intellectual Property Rights: A Boon for the Fashion Industry, ILSIJLM, (Nov.4, 11:51 pm) Intellectual Property Rights – A Boon for the Fashion Industry: Aanchal K Golecha – ILSIJLM
   (indianlegalsolution.com) ↩︎
7. 7 Raveena. R. Nair & Dr Anju Mohan, A Critical Study on Fashion Design and its Protection under Copyright
   Act, 1957 and Designs Act, 2000, Baltic Journal of Law & Politics, Volume 15, Number 4 (2022), (Nov.4, 11:50 pm) ↩︎
8. Shreya Patel, Copyrighting Clothing Designs: Is It Possible or Impossible? CORPBIZ
   https://corpbiz.io/learning/copyrighting-clothing-designs-is-it-possible-or-impossible/ ↩︎
9. Khushi Birla, Fashion and IPR, PGCL Moot Court Society
   https://www.mootcourtsocietypgcl.com/post/fashion-and-ipr ↩︎
10. The Indian Copyright Act, 1957 ↩︎
11. 11 Vivek J. Vashi, Recent trends in IP infringement in the fashion industry, Enhelion Blog
    https://enhelion.com/blogs/2023/05/12/recent-trends-in-ip-infringement-in-the-fashion-industry/ ↩︎
12. Ibid 3 ↩︎
13. Legaldev, Get Copyright Registration services with Our Professional Experts https://legaldev.in/Application-For-Copyright-Registration.aspx ↩︎
14. 14 Sanjeev Ghanghash, Fashion Law in India: The Opportunities, Challenges and What Lies Ahead, Linkedin https://www.linkedin.com/pulse/fashion-law-india-opportunities-challenges-what-lies-ahead-ghanghash ↩︎
15. Ibid 7 ↩︎

Please follow and like us: