BRAND BEYOND BORDERS: LICENSING AGREEMENTS IN THE GLOBALIZATION OF FASHION BRANDS AND THE LEGAL ARCHITECTURE OF INTELLECTUAL PROPERTY ENFORCEMENT IN INDIA
Soumojit Mazumdar, 10th Semester Student pursuing BBALLB(H) at Techno India University (India)
The problem of globalisation of fashion brands and the use of licensing agreements makes the provision of legal regulations rather complicated, particularly the Intellectual Property (IP) protection in various jurisdictions. The article examines the strategic importance of licensing arrangements for international expansion, accompanied by an analysis of the legal risks associated with cross-border IP protection, focusing specifically on the legal environment of the Indian market. Based on the comparison of IP enforcement systems, previous case laws and regulatory environments, the study has found that there are fundamental weaknesses in the protection of trademarks, design rights and brand integrity in the jurisdictions. The paper proposes that the evolving IP regime in India, as presently governed by the Trademarks Act 1999, the Designs Act 2000, and the Copyright Act 1957, all of which remain in force, offers international fashion firms’ significant opportunities and corresponding implementation challenges in the context of licensing arrangements. By comparing judicial precedents such as Christian Louboutin SAS vs Pawan Kumar and Louis Vuitton Malletier vs Sheru Shiv Kumar, this paper sheds light on the jurisdictional issues in IP litigation, forum shopping and the effectiveness of the injunctive relief mechanism. The study suggests the detailed mitigation of any framework that involves contractual protection and technological authentication, strategies of jurisdictional choice, and partnering enforcement strategies. This structure is responsive to the imperatives of quality control, provisions on territorial exclusiveness, restrictions on sub-licensing and dispute resolution architectures tailored to the Indian market environment. The results are of value to the legal literature on transnational protection of brands and give useful insights into the fashion business that would handle the globalisation process of licensing as a complex strategy in new markets.
| 📄 Type | 🔍 Information |
|---|---|
| Research Paper | LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 1, Page 1791–1816. |
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