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Combating Counterfeiting In Indian Fashion: Legal And Economic Perspectives


Pranaya Gopinath, Christ University, Bangalore


ABSTRACT


In this paper it would explore the topic of intellectual property law with regard to protecting the myriad of creations under the garment industry comprehensively, as they include artistic works, designs, brand names, and logos. Creativity is the basis for the fashion industry, as it relies on designers' concepts and innovations. Despite this centrality, international protection of fashion brands, designs, and articles is patchy and uneven; as a result, the system frequently leaves gaping holes for designers' rights to fall through.


Labels and branding in the fashion industry have an intangible value. They carry both economic and reputational importance. Such an investment- whether for quality and status, in the case of the consumer, or for recognition and appreciation, in the case of the designer-is protected by IP law to safeguard all elements involved and preserve the value of individual creativity while spurring further innovations in an extremely competitive environment.


This research paper identifies deep challenges that counterfeiting and piracy pose to designers regarding their originality and, consequently, the economic viability of their brands. Conducted against the backdrop of the prevailing IP frameworks, the study develops strategies that could, in themselves, provide better protection to ensure that established designers or even new ones may easily protect their works, secure their brand identities, and maintain their competitive positioning in a global market.


Keywords: Fashion Industry, Piracy, Counterfeiting, Intellectual Property, Economic Viability.



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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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