What Is Fashion Law?
Fashion law is a legal field encompassing issues that arise throughout the life of an article of clothing or a fashion accessory. Fundamental issues in fashion law include intellectual property, business and finance, with subcategories ranging from employment and labor law to real estate, international trade and government regulation, including questions of safety and sustainability, dress codes and religious apparel, consumer culture, privacy and wearable tech, and civil rights. Fashion law also includes related areas such as textile production, modeling, media, and the cosmetics and perfume industries.
Why Do We Need The Fashion Law?
The Copyright Act – Vests exclusive rights on the owner of the creation of a particular author.
Here in this case, since the block has been developed by a group of people, it is difficult to ascertain authorship of the said block prints. Although the period of protection can be determined using the same work as an Anonymous work, the ownership cannot be determined. However, if the block prints (blocks used for printing) are made by a group of people or people contracted by People Tree to develop such blocks, the People Tree will be considered as a rightful owner of such copyright originating from such creation. A contractual agreement between the two parties can help in proving the ownership and protection under Copyright Act can be granted based on the same, subject to the exception carved out in Section 15 of the Copyright Act.
Geographical Indication of Goods Act– This Act was released for the protection of geographically constrained products. The block prints which were developed by the artisans of different villages of Rajasthan have been granted GI tags by the Government of India. A GI tag means goods originating from a specific geographical area have the right to protect such IP originating from such region.
Other companies like Fab India, have used different other techniques (which are protected by the GI Act) from artisans of different areas of Rajasthan have successfully commercialized such creations. However the ‘dabu’ technique used by the People Tree does not have any GI protection, a flaw perhaps utilized successfully by Dior in lifting the same block prints from People Tree’s creations.
The Designs Act, 2000 – The Act is a very potent weapon that could have been used for protecting People Tree’s work, has the same design been protected under the Designs Act with the Authority.
As seen above, in People Tree’s case, there has been lack of defense laws due to which the protection of companies could’ve been ensured. Therefore, India is yet to go a long way in the field of Fashion Laws.
Image Source: TransLegal