Handbook On Fashion Law

By Sanjeev Kumar LLM (Gold Medalist)

NOTION PRESS

NOTION PRESS Old No.38, New No. 6 McNichols Road, Chetpet Chennai-600031 India. Singapore. Malaysia. First Published by Notion Press 2020 Copyright© Sanjeev Kumar ISBN 9781648505072

This book has been published with all reasonable efforts taken to make the material error-free after the consent of the author. No part of this book shall be used, reproduced in any manner whatsoever without written permission from the author, except in the case of brief quotations embodied in critical articles and reviews. The Author of this book is solely responsible and liable for its content including but not limited to the views, representations, descriptions, Content of this book shall not constitute or be construed or deemed to reflect the opinion or expression of the Publisher or Editor. Neither the Publisher nor Editor endorse or approve the Content of this book or guarantee the reliability, accuracy or completeness of the Content published herein and do not make any representations or warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose. The Publisher and Editor shall not be liable whatsoever for any errors, omissions, whether such errors or omissions result from negligence, accident, or any other cause or claims for loss or damages of any kind, including without limitation, indirect or consequential loss or damage arising out of use, inability to use, or about the reliability, accuracy or sufficiency of the information contained in this book.

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PREFACE Fashion is a massive industry that strives in a competitive global despite minimal legal protection for its creative designs. While a large number of people dismiss and show disregard towards the trivial and ephemeral development of fashion around the world. The fashion industry is a global phenomenon with an international language understood by millions of people. Up to the date, fashion brings more and more fans willing to pay a large sum of money to feel and to look about their own appearance and adornments. This increased interest has caused the fashion industry to face many challenges that were not there in the past. Consequently, it becomes necessary to set the norms as well as the rules to make the fashion industry bigger and to conduct more effective business. As a result fashion laws came as a brand of new legal sanctity that involves several and special issues of Intellectual Property Rights particularly trademark law, copyright law and at times it also includes the Patent and Trade secrets. Noting the rights guaranteed in the United States of America and in the European countries, India stands not far behind. The Fashion Foundation of India a newly constituted body consisting of the leading designers from India seeks the protection of the Intellectual Property Rights against infringement and rampant copying. The intellectual property regime in India provides for the protection under the design act 2000, the copyright Act, 1957 and the Geographical Indications of Goods (registration and Prohibition act) 1999. Although there seem to be three different legislations that protect the regime of fashion apparel and designs. The artistic works in the sketches of the designs are protected under the Copyright Act, 1957. The Design Act, 2000 provides protection to the non-functional aspect of n object having the visual iii

appearance which includes the features of shape configuration, pattern, and the composition of line and colour pattern. The third schedule of the Design Rules, 2001 provides an exhaustive list of products and articles in respect of which an application can be made to the controller. This book elaborately discusses the concepts of Intellectual Property protection in fashion industry national as well as international level, crime in the fashion industry, fashion organizations, fashion shows and presentations.

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ACKNOWLEDGEMENTS

It is my first duty to express deep gratitude to God. I believe only because of their grace and blessings I have been able to complete present book. I am eternally grateful to the God for giving me the intellect, motivation, passion and ability to strive for better thing. I am heartedly thankful to Dr Anupam Manhas, Dr Shashi Bhushan, Mr. Amandeep Nadda, Ms Manu Sharma, Dr Rakesh Kumar, Dr Shashi Punam, and Ms. Sushma Devi, whom helped and supported me unconditionally throughout the present work. I am heartedly thankful to my ideal Dr Seema Kashyap whose blessings always enlightened me, who taught me the lesson of life and aspire all the success for me. I am grateful to my friends and all my loved ones for supporting me in every walk of my life. I would also like to pay my heartfelt thanks to my Parents & Family members for unconditional help and support, which always encouraged me in every aspect of completion of this work.

SANJEEV KUMAR

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ABOUT THE AUTHOR

Sanjeev Kumar completed his BA.LLB (Hons.) from the Himachal Pradesh University Institute of Legal Studies (India). He completed his Masters (LLM) in Criminal & Corporate Law from Career Point University Hamirpur, Himachal Pradesh (India).He has contributed a number of research articles in various National or International Journals. His research interest includes Criminal law, Fashion Law, Crime against Women in India, and LGBT Community issues in India, Human Rights issues, Animal issues.

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CONTENTS AT A GLANCE Preface Acknowledgements About the author Contents at a glance Detailed contents Chapter-I Introduction................................................................. ..............1-30 Chapter-II Fashion and crime.....................................................................31-38 Chapter-III Fashion Organizations.............................................................39-48 Chapter-IV Fashion Design & Intellectual Property rights: Indian Perspective................................................................................48-84 Chapter-V Fashion Design & Intellectual Property rights: International Perspective..............................................................................85-100 Chapter-VI Fashion shows and presentations..........................................101-108 Chapter-VII Fashion negotiations

109-120

Conclusion............................................................................121-124

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DETAILED CONTENTS

CHAPTER-I.............................................................................1-30 INTRODUCTION TO FASHION 1.1 Introduction to fashion 1.1.1 What is Fashion 1.1.2 Fashion Defined- in General 1.1.3 Definitions of Fashion 1.1.4 Nature of fashion 1.1.5 Different aspect of Fashion 1.1.6 Features of fashion 1.1.7 Types of Fashion 1.1.8 Types of Fashion 1.1.9 Fashion in India

1.1.10 Fashion Industry in India 1.1.11 Fashion Business Models 1.2 Evolution of Fashion Industry in India 1.3 Fashion psychology 1.4 Fashion Law 1.4.1 Fashion and law 1.4.2 Background of fashion law 1.4.3 Fashion Law in India

CHAPTER-II.........................................................................31-38 FASHION AND CRIME 2.1 Introduction 2.1.2 Canal Street 2.1.2 Protecting Intellectual Assets 2.1.3 Counterfeit 1.2.4 Counterfeits on the Internet 2.1.5 Counterfeited fashion brands on Instagram

CHAPTER-III........................................................................39-48 FASHION ORGANIZATIONS 3.1 Fashion Design Council of India (FDCI)

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3.1.1 Objectives 3.1.2 Initiatives 3.1.3 Charitable Initiatives 3.2 Fashion Foundation of India (FFI 3.3 The Fashion Design Promotion Council (FDPC) 3.4 Apparel Export Promotion Council (AEPC) 3.4.1AEPC-Vision 3.4.2AEPC-Mission 3.4.3 AEPC's main objectives

CHAPTER-IV........................................................................48-84 FASHION DESIGN & INTELLECTUAL PROPERTY RIGHTS: INDIAN PERSPECTIVE 4.1 Introduction 4.1.1 Concept of Intellectual Property Rights 4.1.2 Intellectual Property Rights Justifications for Protection 4.2 Fashion & Intellectual Property rights 4.3 Legislations 4.3.1 Protection under Copyright Act, 1957 4.3.2 Protection under Design Act, 2000 4.3.3 Protection under Trade mark Act, 1999 4.3.4 Protection under Geographical Indications Act, 1999 4.4 Judicial Decisions

CHAPTER-V.......................................................................85-100 FASHION DESIGN & INTELLECTUAL PROPERTY RIGHTS: INTERNATIONAL PERSPECTIVE 5.1 The Emergence of Fashion Law 5.2 The Origins of Fashion Law 5.3 Intellectual Property and the Fashion Industry 5.4 Fashion Design Protection in the United States 5.5 FRANCE 5.6 EUROPE 5.7 ITALY 5.8 JAPAN

CHAPTER-VI....................................................................101-108 FASHION SHOWS AND PRESENTATIONS 6.1 Introduction 6.1.1 History of Fashion Show

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6.2 Fashion shows in 21st century 1. Lakme Fashion Week 2. Wills Lifestyle India Fashion Week 3. Van Heusen India Men's Week 4. India Bridal Fashion Week 5. Bangalore Fashion Week 6. North India Fashion Week 7. India Couture Week 8. Synergy Delhi Couture Week 9. Indore Fashion Week 10. Rajasthan Fashion Week

CHAPTERVII.......................................................................................109-120 FASHION NEGOTIATIONS 7.1 Licensing Contracts 7.2 Non-Disclosure/Confidentiality Agreements 7.3 Partnership Agreements 7.4 Agency and Distributorship Contracts 7.5 Prospective Investor Confidentiality Agreement 7.6 Modeling contracts 7.7Celebrity endorsement

Conclus

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CHAPTER-I Introduction 1.1 Introduction to fashion: Fashion is popular at particular time, especially in clothes, hair or make-up, through a manner of doing something to the most important one; fashion is the area of activity that involves styles of clothing and appearance. For the purposes of this thesis only the first and the third definition will be worked with. 1 Fashion has had been present from the very first beginnings of mankind and has been in a constant process of evolution since then. First of all, the argument that fashion is girly, and what is more, frivolous, must be declined. Apart from the significance of fashion as an industry with an undeniable global growth and billions annual sales, fashion generates and influences cultural perception and is one of the factors in social and interpersonal relations. Fashion is not only one of the important behaviours but, also an important psychological problem of modern society, because million of rupees are spent in the name of fashion every second. This is not typical with urban population above; in fact rural masses are also showing same behavioural characteristics. In every era fashion has been an important behaviour and will always be in eras to come. Fashion is there in every country. Fashion is that behavioural aspect in which there is a characteristic difference from what is currently in trend. And people of society are always attracted towards something, which is different. It is the attraction due to, which fashions bug spreads and expands to such an extent 1

Oxforddictionarie (Jun .5, 2019, 9:00 PM), https://en.oxforddictionaries.com/definition/fashion.

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that it becomes a common behaviour and finally due to this common acceptance it vanishes. Fashion is not only in clothes and ornaments, but it could be observed in each and every behavioural aspect. Speed and race of fashion is quite fast. Thus, as soon as people accept a fashion, it changes. Hence, to be with fashion is not possible for everybody. 1.1.1 What is Fashion? Fashion is a popular aesthetic expression in a certain time and context,especiallyin clothing, footwear, lifestyle, accessories, make up, hairstyle and body proportions. Whereas, a trend often connotes a very specific aesthetic expression, and often lasting shorter than a season, fashion is a distinctive and industrysupported expression traditionally tied to the fashion season and collections. Style is an expression that lasts over many seasons, and is often connected to cultural movements and social markers, symbols, class and culture. According to sociologist Pierre Bourdieu 2

Even though they are often used together, the term fashion differs from clothes and costume, where the first describes the material and technical garment, whereas the second has been relegated to special senses like fancy-dress or masquerade wear. Fashion instead describes the social and temporal system that "activates" dress as a social signifier in a certain time and context. Philosopher Giorgio Agamben connects fashion to the current intensity of the qualitative moment, to the temporal aspect the Greek called kairos, whereas clothes belong to the quantitative, to what the Greek called chronos.3

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Fashion, (Jun.5, 2019, 10:00 PM), https://en.wikipedia.org/wiki/Fashion.

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Ibid.

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1.1.2 Fashion Defined in General: Fashion is most often thought of as a global industry that is invested in anticipating what we wear and how we wish to appear social phenomenon, driven by the desire for the new. As such, the industry can never fully control fashion. Fashion is all about being open to change. General Fashion has a strange fascination. It can be habit forming. Those who study, create, or simply enjoy it find that fashion piques a consuming interest. Basic go giving into the fascination of fashion is an academic understanding of all that it encompasses and the impact that fashion has exerted on the world in which we live. The study of fashion is an outstanding example of interdisciplinary collaboration. The methods of economics, psychology, sociology, social psychology, anthropology, and ethnology (animal and human) converge in the study of fashion. Fashion is a wide ranging social phenomenon that requires a wide range of perspectives for its understanding. A hundred, perhaps even fifty years ago, "Fashion" was directed towards the few a leisured, few to be elegantly adorned in the moments of tranquillity which the calm pace of life afforded. Today we move in a larger world, and a faster one, and the fashion world has become as complex as at that of the world itself. For fashion it is simply the most attractive front to the spirit of the times; and if experiment changes and motion are the characteristics of our times, then they too are the ingredients of fashion. With this change in the speed of life there has come an equally enormous change in the scale and scope of the fashion world. Fashion, in its most general sense, evidences itself not only in what people wear but what they do, how they live, and the things they use. To the 'Layman', it implies a mysterious force that makes a particular style of dress of behaviour acceptable in one year but quite the reverse in another. 1.1.3 Definitions of Fashion: According to Kimbel Young, "Fashion may be defined as the current or prevailing usage, mode, manner or characteristic of 3