LIJDLR

INTELLECTUAL PROPERTY RIGHTS IN FASHION INDUSTRY: NAVIGATING CREATIVITY AND COMMERCE

Saisha Sinha, LLM, Student at Damodaram Sanjivayya National Law University (India)

The fashion industry, a dynamic blend of creativity, commerce, and culture, thrives on innovation and distinctiveness. However, the protection of intellectual property (IP) within this sector remains complex and often inadequate. This research explores the multifaceted role of Intellectual Property Rights (IPR) including copyright, design, trademark, patent, and geographical indications in safeguarding creative assets in the global and Indian fashion industries. Through analysis of landmark cases such as Rajesh Masrani v. Tahiliani Design Pvt. Ltd., Louis Vuitton Malletier v. Atul Jaggi, and Christian Louboutin v. Yves Saint Laurent, the paper underscores how IP frameworks shape brand identity, preserve originality, and combat counterfeiting. Comparative insights from India and France highlight the divergence in legal protections, with France offering robust IP and haute couture regulations, while India faces challenges of weak enforcement, fragmented laws, and the rise of fast fashion and digital piracy. The study further emphasizes contemporary issues such as sustainability, consumer awareness, and the growing counterfeit market, urging the need for comprehensive IP reforms and international cooperation. Ultimately, it argues that a stronger, adaptive, and technology-integrated IPR regime is vital to nurture creativity, ensure fair competition, and secure the long-term economic and cultural value of the fashion industry.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 1, Page 2691–2709.
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