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FASHION INDUSTRY: LAW, AND COMPLIANCE

Akshat Tripathi156, Disha Pathak157, Ishrat Pirani158, K. Vennela159, Muskaan160, Srijaa Grover161,

Trayaksha Pathak.162

I. INTRODUCTION

Advent of the 19th century, introduced the concept of fashion designing to the world, with Charles

Frederick Worth, the first designer who sew his label into garments and paved way for clothing to

divulge from the despair of common grab to a trendy sensation. As the lines between the haute

couture and apparel blurred, fashion became something adorned by everyone round the globe. The

industry is inclusive of various stakeholders and processes such as designing, manufacturing,

distribution, marketing, retailing, advertising, and promotion of all types of apparel. Hence, the

term Fashion Industry consists of a myriad of other industries that employs millions of people

internationally and is a currently a multi-million-dollar enterprise globally.

The rise in technology and the capitalistic approach brought forth competition and development

into the field. While the purpose of clothing initially was a need or requirement, eventually fashion

was a commercial commodity which was diverse, dynamic, and global. With the designers,

designing a product in one country, producing in another, and then selling across the globe, fashion

had become a global artefact. Divided into high fashion, and apparel or regular clothing, both

created by experts, and then labelled with the mark of the creator, this product was usually

available in high end specialised stores with large price tags whereas on the other hand the apparel

line was available in the retail stores at lower prices.

156 2nd year BBA LLB(Hons.), Kirit. P. Mehta School of Law, NMIMS,Mumbai. 157 3rd year, B.Com LL.B. (Hons.), UILS, Panjab University, Chandigarh. 158 LLM Constitutional Law, ALS, Amity University, Rajasthan 159 2nd year, LLB, Bennett University, Greater Noida 160 2nd Year BBA-LLB (Hons) Bennett University, Greater Noida 161 1st Year BBA-LLB, Vivekananda Institute of Professional Studies (VIPS), Ggsipu. 162 2nd year BBA LLB (Hons) Bennett University, Greater Noida.

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Due to everchanging designs, trends, and customer demand, a designer is always on the go for

changing the current cloth to something more desirable, and due to this there is always a risk of

imitation. A big fear for designer houses such as Celine, Gucci, Dior, etc. is duplication of their

designs. Though the customers benefit from the availability of lookalike goods at cheaper prices

but the brand, lose sales of the original designs. The laws to prevent such duplication or passing

off are present, but they are not enough in the current market scenario to efficiently protect such

designs.

Furthermore, the adaptability of the product line, to answer the customer demand, cultural

evolution, and prevailing tastes, all these factors bring about a lot of discord in the balanced cycle

of making clothes. The industry not only is concerned with designs but also what all goes around

in making a complete product, the marketers, photographers, fitting models, and runway models

also have certain rights that require much debate and deliberation. The different pricing styles of

raw material such as textiles, and other raw material which are produced from such material, the

cost of labour in different countries, the line between just producing a cloth, and producing fashion

is very thin therefore it requires constant vigilance, and upgradation.

The paper tries to put on the table the much-discussed topic of uniformity, and strengthening of

laws relating to the fashion industry. Part II, talks about the origin, and development of fashion as

a global industry, part III gives a global perspective, relating to the existing laws , and their

effectiveness in preserving the copyright of designers, and rights of other stakeholders, part IV

gives the Indian perspective of the fashion industry, and part V comparatively analyses the legal

framework between India, U.K., and the U.S.A. for substantiating the paper a survey is provided

in part VI , and lastly part VII stress on the need of definite laws and regulation so as achieve the

purpose of this paper.

II. HISTORICAL BACKGROUND

Fashion has always occupied an important place and marked its role across the societies over

centuries. In the early days, Romans, and Egyptians took great interest in their appearance, and

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spend a lot of effort, and currency on fashion, and style as a particular type of clothing showed

status.163 Fashion has been a major subject of all legal rules, and regulations.

In 2004, a group of French lawyers published “Droit du Luxe” in a legal magazine, which translates

to law of luxury goods.164 In 2006, a professor Susan Scafidi started the first course in Fashion

Law at Fordham Law School.165 The world’s first academic centre, the Fashion Law Institute was

launched in 2010.166 A fashion law committee was established by the New York City Bar

Association.

Fashion is an art, and is part of our everyday life but still the laws are underdeveloped, and it is

still an upcoming field. Fashion lawyers assist their clients on legal issues confronting the style,

material, clothing, extravagance, and thus involve security, manageability, and consumer

protection issues. In a case of Adidas America Inc V Skechers USA Inc in the year,2018, there was

Infringement of adidas three-stripe trademark.167

In the present scenario in India, there is no such independent rule or regulation for fashion law.

Fashion is treated under the applicability of the Copyright Act,1957, and The Designs Act, 2000.

In 2017, Rohit Bal became the first Indian designer to get copyright over his entire collection, and

the spree was followed by a number of designers.168 India needs to be quick in its approach for

introduction, implementation, and execution of the laws related to fashion, being one of the

greatest democracies in the world, and underset, and that Fashion Law needs to be treated as a

separate law, and not under any other law. Even though it is an emerging field, loopholes, and

mishaps were bound to happen These loopholes need to be taken into consideration, while we look

back on the historical background.

163 History of Fashion, Sew Guide (7th Jan, 5 P.M.) https://sewguide.com/evolution-of-history-of-fashion/. 164 Fashion, and Design law, Legadroit, (7th Jan, 6 P.M.),https://legadroit.com/juridique/droit-de-la-propriete-

intellectuelle/le-droit-de-la-mode-et-du-design/. 165 Susan Scafidi, Fashion, and Design Law, Fordham, (7th Jan, 6:30 P.M.,)

https://www.fordham.edu/info/23380/susan_scafidi. 166 About the institute, Fashion Law Institute, (7th Jan, 7 P.M.), https://fashionlawinstitute.com/about/about-the-

institute. 167 Fashion Law, and its scope, Legal services India, (7th Jan, 7 P.M.),

http://www.legalserviceindia.com/legal/article-2025-fashion-law-, and-its-scope-with-reference-to-important-case-

laws.html. 168 Fashion Law in India, Khurana, and Khurana, (7th Jan,7:30 P.M.), https://www.khurana,

andkhurana.com/2018/12/14/fashion-law-in-India/.

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III. GLOBAL PERSPECTIVES

FASHION LAWS IN BRITAIN

A. Changing dynamics of Fashion Industry in Britain

The fashion industry in United Kingdom has been defined by the works of famous artists like Alex,

Ander Mc Queen, Catherine Walker, fashion brands like M&S, Burberry, and so many others. The

fast-growing fashion industries in Britain created a buzz in the worldwide dynamics of fashion. As

reported by the British Fashion Council, the industry contributed a whopping $35 billion to the

UK’s GDP in 2019169. London is considered to be the heart of the fashion in the country. Not only

in fashion industry but UK has been leading in ensuring trade union/labor rights, and sustainable

development in the manufacturing industry of big fashion houses.

B. Manufacturing/environmental factor

UK has been a pioneer in ensuring a sustainable environment through the fashion industry. The

country has been upfront about protecting human rights, and sentiments which also extend to

animal rights, even when it comes to the Royal Family. The Princess of Cambridge was once

criticized by the PETA (People for Ethical Treatment of Animals), for wearing possum fur, for

which possums are killed to make a real fur.170

Focusing on the Manufacturing Industries, The Environmental Audit Committee of the House of

Commons had observed that how micro shedding in the manufacturing process is causing harm to

the marines. In a bid to prevent such harm, the committee suggested for the change in garment

construction or designs, and called for vigilance in the occupational health risks related to such

manufacturing industries. In 2018, the UK government had written to the top retailers for their

response to achieving sustainable goals, and the committee had criticized the leading big business

houses for not having signed to the SCAP (Sustainable Clothing Action Plan) initiative. Thus, the

169 British Fashion Council, Annual Reports, and Accounts (FY 2019/20) BFC Annual Report 2019-20.pdf

(britishfashioncouncil.co.uk), visited on 6th Jan, 2020, 11:00 P.M. 170 Kate Middleton Criticized by PETA U.K. for Fur Gloves - E! Online, visited on 6th Jan, 2020, 10:41 P.M.

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government urged the fashion retailers to contribute towards the Corporate Social Responsibility,

and work towards achieving sustainable goals.171

C. Rights of models, and Gender Inclusivity

Since times, fashion was considered to be viewed from the definitive visions, and archaic notions.

Fashion has always tried to portray the sentiments of the public, and sometimes brings afresh the

new idea of the new generation. Earlier fashion houses were only limited to the female models,

and preset set, innards of beauty. Plus-size models, male, and LGBTQ+ models are only now

considered to be the fashion icons too.

As an initiative to be more inclusive, and diverse in the fashion industry, British Fashion Council

set up its Diverse & Inclusion Steering Committee. One of its primary aim was to hear the diverse,

and often unrepresented voices and focus on the impact of black culture, and other ethnic or

minority communities’ industries on the British fashion industry. Since then, there have been

collaborations with Black, Asian, and Minority Ethnic fashion communities to fight against the

apparent discrimination in the industry.172

D. Labor Rights (Trade Unions, and more)

Apart from the equality in the profession, there has been a lot of deliberation on the labor rights of

the workers in the fashion industry It involves the labor in the fashion retail markets, and factories.

The UK government has recognized such roles, and therefore in many of their reports, and

examinations of the top retailers of the country, they asked about the steps taken in their business

houses to ensure whether the trade unions are guaranteed the aforesaid freedom or not. It shed light

on the fact that the top retailers in the market were actually not adhering to the “freedom of forming

trade union associations” of the labor. The Modern Slavery Act, 2015 passed in the UK Parliament

was to ensure increased labor rights, and for the prevention of human trafficking. However, in a

detailed report on “Fixing Fashion”, it was observed that the said Act should be further

strengthened to include due diligence by the Companies ensuring human rights. It also said that

171 Interim Report on the Sustainability of the Fashion Industry - Environmental Audit Committee - House of

Commons (parliament.uk) visited on 7th Jan, 2020, 05:56 P.M. 172 Diversity & Inclusion, British Fashion Council British Fashion Council - Diversity & Inclusion, visited on 7th

Jan, 2021, 02:30 P.M.

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Publics Accounts Committee (PAC) had raised concerns over the fact that there is less monitoring

by the government over the compliance with the procedure by the industries.

In regards to the above concerns, Fashion Revolution had recommended suggestions to the Slavery

Act, that there shall be more transparency in the procedure, and comparable set, innards

throughout, which shall be easily searchable on the public database. the companies which fail to

adhere to such set, innards shall be liable for the offences, and the penalties.173

E. Emergence of new Era: IP, and Technology amidst Corona

In the unprecedented times of pandemic, the fashion industry was probably the worst hit. The

lockdown had sent the fashion industry into huge losses, as Caroline Rush, CEO of the British

Fashion Council observed that “without any sort of government intervention, a whole generation

of creative business would be wiped out.”

Last few years has witnessed the emergence of unexplored fields for the fashion Industry, and

prime focus was the Intellectual Property, and subsequent rights related to it.

The term “Fast Fashion” is now in vogue more than ever. Cambridge Dictionary defines it as

“clothes that are made, and sold cheaply, so that people can buy new clothes often”174. This means

that the new trend is that luxury is available in every household, and should reach as far as possible.

But it had also fuelled a new debate regarding the rights of the designers, as in this new trend,

some mal practices like “copying the design without due permission”, and “replicating, and selling

the original designs at lower rates” are bound to increase. Especially during the p, endemic, when

everything has gone digital it is raising more concerns (cyber theft of designs).

The IP rights are protected under the Registered Designs Act, 1949; Copyrights, Patents, and

Designs Act (CPDA), 1988, and Intellectual Property Rights, 2014. S.213(2) of the CPDA has

defined design in a robust manner.175 However, as observed by the WIPO, the UK law has to be

briefer about their definitions, and more inclusive about the types designs which are included in

173 House of Commons, Environmental Audit Committee, Fixing Fashion: Clothing Consumption, and

Sustainability, Sixteenth Report of Session 2017-19, (19th Feb, 2019), HC 1952 Sustainability of the fashion

industry (parliament.uk), visited on 7th Jan, 2021, 02:52 P.M. 174 Fast Fashion, Cambridge Dictionary, FAST FASHION | meaning in the Cambridge English Dictionary, visited

on 7th Jan, 2020, 03:44 P.M. 175 213. Design Right (2) In this Part “design” means the design of F1... the shape or configuration (whether internal

or external) of the whole or part of an article.

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the Act. As the industry is pacing forwards, the designs of many other articles like perfumes etc.

should also be covered.176

As regards to the technological developments, with fashion shows going online, the online, and

personal sensitive data has become more necessary. The UK government, and the big fashion

houses are ensuring that the digital transformation becomes a success.

FASHION LAW IN PARIS

New trends in fashion were first seen in Paris in the early 20th century, from which they were

spread to the rest of the world. Paris has always been known for its innovative clothing designs,

and famous global brands. Paris has eventually emerged as the fashion capital. 'Fashion' was

mostly 'haute couture' during this time, exclusively designed for individuals. Fashion garments

started to be mass-produced in the mid-20th century. The bulk of output improved, and citizens

started to have more clothing options. Fashion consciousness among people increased towards the

end of the 20th century, and they started to select clothes for themselves based on comfort, and

their style, rather than depending on the consumer trends prevailing in the market.

A. Design protection

IP rights applicable to fashion designs:

French fashion designs are typically protected by registering a design right with the Institute

National de la Propriety Industrielle ('INPI') in France. The concept application, and registration

process are regulated by Articles L 512-1 and R 511-1 of the French intellectual property code. In

addition to any registered or unregistered Community design right that may exist, this French

design defense applies. The concept must be novel, and have an individual character to apply for

protection under French design law. Functional types are exempt from the defense, as design in

violation of public policy or morality. As long as they satisfy the originality requirements, French

fashion designs are protected by copyright. Article L 112-2 14 of the French Intellectual Property

Code provides that, as "works of the mind," "the creations of the seasonal garment, and clothing

industries" fall within the scope of copyright. As copyright is an unregistered intellectual property

176 Copyright, and Fashion: A UK Perspective (wipo.int) visited on 7th Jan, 2020, 05:05 P.M.

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right in France, the presence of copyright on fashion items is also illustrated by the filing with

INPI of the 'SOLEAU envelope' or by holding on file all designs, sketches, and research papers to

show the date on which such copyright originated. Production can be protected by copyright, and

design law, under the conventional concept of the unity of art. Recent case law distinguishes

between these IP rights by specifying that the originality needed for the protection of copyright

varies from the individual existence required for the protection of designs, and that both rights do

not generally overlap.

Similarly, the extent of copyright protection is determined by the replication of the key features of

the creation; while, in design law, the same general visual impression is expected of the informed

consumer. The default scheme in France as far as the ownership of commissioned works is

concerned, is that both an individual designer (i.e., a design freelancer, contractor, creative

director), and an employee of any French fashion house are legally considered to be the legal

owner of all intellectual property rights in a fashion, and luxury piece that he or she has created

during his or her career. It is therefore important to provide that compulsory, and irrevocable

assignment of all intellectual property rights will always take place at the time of formation in all

French law-governed service provider agreements concluded with third-party consultants, and in

all French law-governed employment agreements concluded with employees.

B. Licensing

Rules, restrictions, and practices applicable to IP licensing:

The French code of intellectual property relates to licenses relating to trademarks, trademarks,

models, and designs, as well as to databases. Concerning copyright, this code only applies to the

assignment in Article L122-7 of the patrimonial rights of the author (i.e., the right of

representation, and the right of reproduction). Copyright licenses often occur in practice, especially

with software.

To be enforceable against third parties, if French design rights are involved, the corresponding

deed, contract or judgment must be registered in the French Design Registry. Documents must be

written in French (or a translation must be provided). In a record request filed with INPI, the tax

will be incurred only up to the 10th design. In the case of group designs, the EUIPO must be

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registered. For the French classification of a foreign design, it is appropriate to request a record of

all or part of the designation through WIPO.

Where French trademarks are concerned, the relevant deed, contract or judgment should be

registered in the French registry of trademarks of INPI, in particular for proof, and opposition, to

allow the licensee to act in the sense of infringement litigation, and to enforce the deed, contract

or judgment against third parties. Again, a copy or abstract of the deed or arrangement allowing

for a change of possession or use of the marks should be made available in the French language

(or a French translation be provided).

As there is no registration requirement for French copyright, the copyright for fashion items does

not have to be registered in any French registry. The best practice, however, is that the parties to

the deed, arrangement or judgment hold those records on record for the life of the copyright (70

years after the death of the copyright creator), so that the assignment, promise or license of

copyright can be enforceable against third parties.

A licensor shall make such pre-contractual disclosures to prospective licensees, in compliance with

Article L330-3 of the French Commercial Code, where the licensor makes a trading name or a

trademark available to another person, and allows that person to undertake an exclusive

undertaking in respect of such activity. The pre-contractual details must be disclosed in a document

submitted at least 20 days before the license agreement is signed. Such a document must contain

veritable details enabling the licensee, in full knowledge of the facts, to agree to the contractual

arrangement.

A licensing relationship regulated by French law shall comply with the principles of general

contract law, including the agreement, conclusion, and execution in good faith of a contract

(Article 1104 of the French civil code). This statutory legal obligation implies a duty of allegiance,

cooperation, and consistency to each side. In the event of a violation of this principle of good faith,

the license may be revoked, and penalties may theoretically be awarded.

C. Enforcement

Options of rights holders in enforcing their IP rights

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A Lawsuit concerning an infringement or validity of a French design, or a French designation of

an international design can lodge with one of the 10 below mentioned competent courts of the first

instance:

Bordeaux, Lille, Lyon, Marseille, Nanterre, Nancy, Paris, Rennes, Strasbourg, and Fort-de-France.

A lawsuit regarding an infringement in France of a registered or unregistered community design

should be lodged only with the Paris court of first instance. An invalidity action against a

community design may only be brought before the European Union Intellectual Property Office.

The scope of protection of a particular design is determined exclusively by views on a design’s

registration, irrespective of its actual use. Hence, applicants are expected to pay sufficient amounts

of care to such views, while filing a design application to anticipate interpretation the judicial

tribunal makes. The claimant will be indemnified for lost profits, with the court taking into

account: (i) the scope of the infringement; (ii) the proportion of actual business lost by the claimant;

and (iii) the claimant’s profit margin for the retail of each unit.177 A trademark infringement is

determined on the following grounds by the judiciary tribunal:

• The similarity of conflicting trademarks based on visual, phonetic, and intellectual criteria

• The similarity of goods, and services bearing the same trademark.

IV. INDIAN PERSPECTIVES

The Fashion Industry is huge and when studied in depth, it opens a pangora of knowledge,

questions, and ideas. According to Indian Mirror’s178 statistics, the Indian fashion industry is worth

1,000 crores, and the market size is estimated to be around 20,000 crores. There are many

established designers in India who promote, and advance the Indian Fashion Industry along with

many designers who are still on their way to excel in the industry.

In a recent interview, Advocate Namrata Pahwa stated, and described Fashion Law as “an

emerging arena of legal speciality, encompassing various legal issues from Intellectual Property

177 Fashion law in France: a 2020 overview, visited on 16th Jan, 09 PM., https://crefovi.com/articles/fashion-law-

in-france/. 178 India a True Reflexion, https://www.indianmirror.com, visited on 7th Jan, 2020, 05:05 P.M.

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Rights to Contracts to Company Law, and Policies.”179 Advocate Namrata Pahwa stated that “The

Indian fashion industry suffers from the loopholes of the law as the traditional laws for the

protection of intellectual property rights are not sufficient to cover up the issues plaguing the

fashion industry as opposed to some of the Western countries.”180 The easily available low-priced

clothes , and accessories which are basically a copy of famous brands i.e., the famous practise of

design piracy , and knock off can be deemed as the most discouraging practise for original works

in the fashion industry , and this makes everyone question the existing laws in place to avoid these

circumstances.

After the United States of America, and Europe, India also started to build a foundation of Fashion

Laws. Three legislations were passed under Intellectual Property Rights namely, the Design Act

(2000), the Copyright Act (1957), and the Trade Marks Act (1999). Each of these provisions have

separate ways to protect the fashion industry, however they are still not enough, and India still

needs more stringent laws for the fashion industry.

A. The Copyright Act, 1957

Design copying is one of the most common, and widespread practises in the fashion industry. The

copyright act protects the original work of the designers according to Section 2(c) of the Act which

defines “artistic work” as a painting, a sculpture, a drawing, a photograph, a work of architecture

or any other work of artistic craftmanship.181

● Why is design copying such a big deal in the fashion industry?

As said by Kal Raustiala, and Christopher Jon Springman in their paper “The Piracy Paradox:

Innovation, and Intellectual Property in Fashion Design”:

“Copying enables designs , and styles to move quickly from early adopters to the masses. , and

since no one cool wants to keep wearing something after everybody else is wearing it, the copying

of designs helps fuel the incessant demand for something new.182 This makes absolute sense as the

179Namrata Pahwa, Fashion Law is an Emerging Arena of Legal Speciality, https://www.bar

andbench.com/apprentice-lawyer/fashion-law-is-an-emerging-arena-of-legal-speciality-counsel-namrata-pahwa,

visited on 7th Jan, 2020, 05:05 P.M. 180 Id. 181 Section 2(c), The Copyright Act (1957). 182 Nishith Desai Associates, Areas of Fashion Industry, http://www.nishithdesai.com/information/areas-of-

service/industry/fashion.html,

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designers who work hard for months to create a perfect design face a big downfall in demand due

to cheap alternatives available in the market through design copying. , and hence, the need for

rules , and regulations arises. The copyright act provides a protection from unauthorized copying,

and also provides remedies in cases of infringement of copyrights. According to Section 22 of the

copyright act, the copyright holder is protected from infringement during his life time, and for 60

years thereafter, giving the owner the absolute relief.”

However, in the case of Ritika Private Limited vs. Biba Apparels Private Limited,183 it was held

by the Hon’ble Court that since copyright protects the original expression of the artistic work, it

offers limited protection to the commercial exploitation of the same., and hence the design act

comes into the picture as the any design which is registered under the Design act, 2000 is ceased

under the copyright act.

B. The Design Act, 2000

Section 11 of the Design act states that:

“Copyright on registration. —

(1) When a design is registered, the registered proprietor of the design shall, subject to the

provisions of this Act, have copyright in the design during ten years from the date of registration.

(2) If, before the expiration of the said ten years, application for the extension of the period of

copyright is made to the Controller in the prescribed manner, the Controller shall, on payment of

the prescribed fee, extend the period of copyright for a second period of five years from the

expiration of the original period of ten years.”

In Simple words, a registered design is copyrighted for 10 years from the date of registration of

the design, and it can be extended for a period of 5 years. This shows that copyright protects the

rights of the holder for a longer time period that the design act.

The design act protects the designs which are new, and which may be in the nature of features of

shape, pattern, configuration, ornament or composition of lines or colours applied to any article,

whether in two dimensional or three dimensional or in both forms, by any industrial process. It

also provides remedies for cases of infringement of designs.

183 Ritika Private Limited vs Biba Apparels Private Limited, MIPR 2016 (2) 166.

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The design in the finished article appeals, and is judged solely by the eye, and which are produced

more than 50 times by any industry, and only then can this be protected/tried by the design act.

C. The Trade Marks Act:

A Trade Mark is a mark or a sign that makes one individual distinguish one good from other in the

market. It plays a vital role in protecting the brand name, image, and design of a fashion attire from

the others.

The Trade Marks Act has the sole purpose to protect the name, titles, word, letter, graphic artwork,

shape of products, words, and combinations of colours of the product, and provide remedies for

the infringement of the same. Hence, the brand names, and trademarks become the subject matter

of protection under the Trade Marks Act, 1999.

D. Patent Laws:

Patent rights are given for a new invention which has never been seen in the entire world, which

includes the new technology for manufacturing of products like shoes, fibres, textiles, etc. which

is unique, and not know to others. But Artists of the works cannot get patent protection under the

Patents Act as patents are provided only for inventions which are benefiting the public. For

example, medicines., and hence, fashion industries cannot get patent rights for their machineries

used for making their products even if they are new, and unique.

To sum up, there are no specific legislations that lay down compliances while establishing a

fashion retail business or a brand in the Indian context. There are several sections, and provisions

dispersed over several enactments. A few of them also differ according to the jurisdiction within

which one intends to carry on their business. It is recommended that a comprehensive legislation

dealing with fashion houses, and businesses should be enacted for legal clarity in the business

E. Licensing and Compliances

● General

For any individual or a body corporate wanting to start their business in fashion, appropriate

licenses, and permits are required to give it a legal basis. In many countries, anyone looking to

engage in a business of garment manufacturing or establishing a fashion retail store requires

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registration with the local authorities, either of the city or the state/provincial government.

Depending on the kind of business entity one intends to venture into, for instance a sole

proprietorship, a limited liability company, a partnership venture, the documentation, and permits

vary. Corporates should file their papers, like the Articles, and Memorandum of Association, with

the concerned department or ministry. Partnerships, in most countries, do not mandate registration.

Furthermore, usually all concrete establishments, whether on lease or leave, and licence agreement

or otherwise, requires registration of such establishment. Even where registration is optional, it is

recommended that registration be done to avoid any legal complexities in future. Secondly, the

trade names should be registered under the appropriate law for the time being in force. Other

permits include the Garment/Apparel Certificate, identifications or document relating to the taxes,

seller’s permit, bar, and registration certificate, etc.

Those interested in fashion retail business, and operating at international level need to be prudent

with the national, and the local laws prevailing at the time. For example, an international bar, and

wanting to establish retail business in the city of Mumbai, should comply with the central laws,

the laws of the state of Maharashtra, and those specially enacted for the city of Mumbai. This will

ensure that there is no trouble in the day-to-day working of the business.

● Position in India

At present, the generic laws protecting the Intellectual Property Rights, specifically the Trade

Marks Act, 1999, the Copyright Act, 1957, and the Designs Act, 2000, regulate the fashion

industry. Other than these legislations, there are other laws, and rules that have to be complied

with to establish a legal fashion business in India. All these regulations have been discussed as

follows.

● Registration of a fashion brand

There is no express legislation to deal with registration of a fashion brand or a fashion line. It is

the Trade Marks Act, 1999 that consolidates the law on registration, and protection of trademarks

of all goods, and services. According to s. 2(1)(m), the inclusive definition of the term ‘mark’

covers a brand as well. The verbatim expression is as follows:

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“‘mark’ includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral,

shape of goods, packaging or combination of colors or any combination thereof”184

Impliedly, a fashion brand is well within the ambit of the said Act. In order to register, and protect

one’s brand, all provisions relating to registration of a mark should be complied with prescribed

by the Act. These compliances are explained as below.

A Trade Marks Registry Office is envisaged under the Act185 for the purposes of the trademark’s

registration.

Following things must be kept in mind while registering one’s fashion brand to avoid refusal of

registration by the Registry Office:

1. The brand to be registered should be identifiable, and distinct from the ones already

prevailing in the market. It should not confuse or deceive the public, hurt the religious

sentiments of any class of persons, or contain any obscene material as prohibited by other

laws for the time being in force.

2. The brand name or mark cannot contain any sign, symbol or any marking which is

prohibited under the Emblems, and Names (Prevention of Improper Use) Act, 1950.

3. The said mark should not falsely suggest a connection with any person living or dead.

4. The proposed brand name or mark which is sought to be registered shall fail if it is

prevented from registration due to any law on passing off, protecting the unregistered trade

mark used in a particular trade, or on copyrights.

After considering all these grounds, the owner may proceed for registration with the Registry

Office. The procedure prescribed by the Act under Chapter III suggests the following:

1. The owner or the proprietor of the brand seeking to register her/his mark should make an

application in writing to the Registrar in the manner prescribed for registration process.

2. The said application should be filed in the Registry Office having territorial jurisdiction of

the place within which the Applicant primarily carries on the business.

184 The Trade Marks Act, 1999, No. 47, Acts of Parliament, 1992 (India). 185 Id. at S.5

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3. The said application may either be refused by the Registrar after stating the reasons or

grounds for the same, or by accepted absolutely or conditionally, citing modifications or

amendments in the application.

4. After the application has been accepted, absolutely or otherwise, the Registrar shall

advertise the application seeking opposition from any person against the registration of the

brand. Any person so opposing it shall follow the procedure laid down in the Act.

5. Consequently, if there is no opposition within the prescribed time or if there is any

opposition, and has been disposed of in favor of the Applicant, the Registrar will go ahead

with the registration, and complete the process within 18 months of filing the application.

A certificate shall be issued in the form prescribed with the seal of the Trade Marks

Registry.

6. A registered trade mark is valid for a period of 10 years, and can be renewed as, and when

required.

● Licenses required to operate a fashion retail store

From time to time, various permissions, and licenses have to be procured from the appropriate

authorities to carry out retail business legally, and effectively. All the necessary compliances have

to be adhered to before beginning the whole process of sales. Some of the licenses must be

displayed at conspicuous places within the store or the manager’s office while others have to be

filed with the authorities at regular intervals. It is always safe to apply for these permissions or for

renewals before time to avoid any uninvited notice or penalties from them.

Following is the list of documents which are necessary prerequisites while running a retail store

business:

1. A trade license as issued by the concerned Municipal Corporation of the city;

2. Registration of the store, the dealer, and the brand;

3. A license from the Fire Department stating the fulfilment of all prerequisites in matters of

fire safety;

4. A Phonographic Performance Limited (PPL) license, and a license from the Indian

Performing Rights Society for using copyrighted music to be played in the store, granting

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permission to play such pre-recorded songs for the customers. The documents required for

the same are:

a. Name, and address of the business owner

b. Details of the kind of business

c. Details of the kind of music intended to be played

d. If the business is an LLP, certificate of incorporation

e. PAN Details

f. GST Registration Id, and number

g. Address proof of the place of business

5. List of all national, festival, and weekly holidays;

6. List of all employees working in the store, and their work timings;

7. A Principal Employer Certificate of Registration as given by the respective state

government;

8. Abstract of the Minimum Wages Act, 1948, and the Rules laid down thereunder;

9. Abstract of the Maternity Benefit Act, 1961, and the Rules laid down thereunder;

10. A license from the Office of the Electrical Inspector granting permission to run a generator

set;

11. Registration of GST (Goods, and Services Tax) for Manufacturers, Wholesalers, and

retailers, and service providers if necessary, as per law;

12. Branch Certificate Registration (if any).

Other than these documents, some other vital records that should be maintained as per law include:

1. Muster Roll in Form A, and Annual Return in Form K, the Maternity Benefit Act, 1961;

2. Wages Slips, and Annual Return (Form III) as per the Minimum Wages Act, 1948;

3. Under the Shops, and Establishment Act of every State:

a. Register of wages

b. Register of employment

c. Daily working hours of the employers

d. Leave Register

e. Details of weekly holiday

f. All other forms, and registers to be maintained as provided by the State Acts.

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● License under the Shops, and Establishments Act

Every State in India has a shop, and establishments enactment in place that regulate the conditions

of employment, and other conditions of work in various establishments. This is the most important

piece of regulations which is inevitable for every business house to follow. This suggests that a

fashion store owner will have to abide by the provisions enumerated by the respective Act enacted

for the State in which she/he wants to start the business.

A general glance over the acts of various states infers some common provisions which are

obligatory in nature. Most importantly, all these businesses have to be registered with the

appropriate authority established for that area under the Act within the prescribed time period. A

fee is charged for registration depending upon the number of employers employed, and is to be

paid to the said authority.

Other than registration, all other compliances in matters of work hours, payment of wages,

compensation, safety, and security of the employees, and the like have to be fulfilled as laid down

by the Acts.

● Applicability of the Model Building Bye-Laws

Since most fashion businesses require a tangible space or a piece of land to carry out their

functions, it is equally pertinent to comply with the laws regarding the use of lands, and buildings.

The Model Building Bye-laws issued by the Ministry of Housing, and Urban Affairs shall apply

to all the building activities undertaken in the State/Urban-centre/town for which they are framed.

The permission for construction of new complexes, and spaces is granted by the Municipality or

the Municipal Corporation. These bye-laws are applicable to all development, redevelopment,

erection, and/or re-erection of a building etc. as well as to the design, construction of, or

reconstruction, and additions, and alterations to a building.186 Each state in India have their

Building Bye-Laws enacted for necessary compliance in matters of use of space, and construction

of buildings.

186 National Real Estate Development Council, Jurisdiction, and Applicability of the Building Bye-Laws,

MINISTRY OF HOUSING, AND URBAN AFFAIRS, GOVERNMENT OF INDIA,

http://www.naredco.in/notification/pdfs/Chap-2.pdf, visited on 7th Jan, 7 P.M.

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In order to procure building permit, the bye-laws provide for a procedure which requires serving

of notice in writing showing intention to erect, re-erect or make alteration in a building to the

concerned Authority in the prescribed form. Along with that, 4 copies of the plan of the structure.

The application should be accompanied with all those documents prescribed thereunder such as

the Ownership Documents-lease-deed/sale-deed, clearance from the concerned Authority, No

Objection Certificate from the Authority regarding land use as per Master/Zonal Plan, if required,

Approval from the Chief Inspector of Factories in case of Industrial Buildings; as well as from the

Pollution Control Board, wherever required, etc.187 The bye-laws also contain within all the

necessary requirements the layout plans should contain. Under the heading of Sanctions, there is

an enumeration of circumstances in which the permit may be refused, and revoked the right of the

authority to take penal action against the defaulting parties.

F. Rights of Models

Models like any other citizen in the country have basic human rights like right to physical, and

psychological integrity, right to health, right to education, prohibition of discrimination, and right

to give consent to use his/her photographs. In Italy, Spain, and Denmark there are codes of conduct

to limit the access of work to models that have a BMI of less than 18.5, and those who are under

16 years old cannot work at Milan Fashion Week. National Labour legislations establish limits of

duration of work for models under the age of 18, and other requirements to safeguard the safety,

health, and education of those models. According to several national legislations, the work of an

underage model must be subject to authorization. The New York Labour law states that before

they begin work, child models must have a Child Performer Permit, issued by the Department of

Labour, valid for 1 year, and, in addition, the modelling agency needs to have a Certificate of

Eligibility, valid for 3 years, in order to be able to hire an underage model. In Portugal the

promoting entity (the modelling agency or the entity which organizes the runway show or the

photo shoot) must require an authorization from the Commission for the Protection of Children,

and Young People (CPCJ)188 in order to hire underage models. If it is a single participation on a

runway show or photo shoot, which occurs within a period of 24 hours with a child who is at least

187 Id. 188 The Work of Models Through a Fundamental Rights Perspective,

https://www.fashionmeetsrights.com/page/viewp/the-work-of-models-through-a-fundamental-rights-perspective,

visited on 16th Jan, 4 P.M.

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13 years old, and did not work as a model 180 days before the event, the promoting entity only

needs to communicate the participation of the child to the CPCJ. Although Labour laws provide

dispositions to protect models, Labour law is not conceived to take into account all the particular

aspects of modeling work such as the modelling agency’s need for transparent accounting

practices. Moreover, some public entities are not able to track down all type of abuse. For example,

moral or sexual harassment as well as discrimination are often difficult to prove. Thus, it is

important to create more non-profit Labour organizations.

G. Labour Codes 2020, and Fashion Industry workers

● What are Labour codes about?

With the recent amalgamation of various Labour laws into the 3 Labour codes namely The Code

on Social Security, The Occupational Safety, Health, and Working Conditions Code, and The

Industrial Relations Code, there have been various developments in the various sectors of the

economy.

One of the highlights of these Labour codes was that it recognized the emerging roles, and

occupation types in the various sectors of our economy. It elaborated on the terms “gig workers”,

“platform workers”, which were not defined in a robust manner earlier.

To define in a layman language “gig workers” may include freelancers, platform workers, and

usually those jobs which do not come under the ambit of the traditional “employer-employee”

meaning. The gig workers maybe hired on a contractual basis, and these codes recognized the need

for defining such terms, and various benefits, and basic rights that should be granted to them.

● Relevance in the fashion industry

Fashion Industry is one of the emerging sectors of our economy, with workforce sector exploring

new avenues alongside. Gig workers in the fashion industry remains relevant especially during the

pandemic. Fashion bloggers, journalists etc. are often termed as gig workers, and freelancing

especially, grew during recent years, and was blooming during 2020. Roles like that of magazine

editors, bloggers are one of the many facets of the fashion industry. Such new roles, and domains

had to be widely accepted, and should be provided with social security.

● Labour Codes, and Fashion Industry

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Gig worker term has been defined in the Labour Codes, 2020 as “a person who performs work or

participates in a work arrangement, and earns from such activities outside of traditional employer-

employee relationship”189

Now with due consideration of gig workers, freelancers, and other jobs which are outside the

purview of the traditional employee relations, would be benefitting a lot through these codes. The

Code of Social Security 2020 provided for “social security” to the gig workers, and is defined in

the Act as “the measures of protection afforded to employees, unorganised workers, gig workers,

and platform workers to ensure access to health care, and to provide income security, particularly

in cases of old age, unemployment, sickness, invalidity, work injury, maternity or loss of a

breadwinner by means of rights conferred on them, and schemes framed, under this Code”190

Under the Act, the gig workers are provided with the following benefits such as:

1. Life, and Disability cover

2. Accident Insurances

3. Health, and maternity reliefs

4. Old age protection

5. Creche

6. Or any other protection or benefit schemes which may be provided by the government191

While as much such provisions are appreciated by the government, it may also be noted that special

schemes be provided for the LGBTQ+ community, since they are an integral part of the fashion

community, and the society. Paternal leaves, and any such related benefits may be extended to the

male labour of the industry, when required.

● Schemes for the gig workers in the Union Budget of India, 2021

Recently in February 2021, the paper-less budget was announced in the Lok Sabha, and Indian

Finance Minister Ms. Nirmala Sitharaman had emphasized on the regulation of the labour codes,

and talked about the social security net provided to the gig workers under the framed laws, and

that minimum wages would be applicable to all categories of workers. She noted in her speech that

189 Section 1(35), The Code of Social Security, 2020, No. 36, Acts of Parliament, 2020. 190 Section 1(78), The Code of Social Security, 2020, No. 36, Acts of Parliament, 2020 191 Section 114(1), The Code on Social Security, 2020, No. 36, Acts of the Parliament, 2020

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how it would regulate the e-commerce sectors, and would pave more options for outsourcing the

management of such workers.192

Thus, with recent developments in the economy, and labour sector, it can be said as we are

advancing towards recognizing gig workers, and providing more social benefits, it would

strengthen the workforce of the country, and would provide more job opportunities for such

unconventional roles in future.

V. COMPARATIVE ANALYSIS OF LEGAL FRAMEWORKS FROM INDIA, UNITED

KINGDOM, AND THE UNITED STATES OF AMERICA

Bringing any product to the reach of the end users involves a number of activities, starting from

conceptualization, development, manufacturing, distribution, and ending with the sale to the

consumers. Each of these processes is governed by the law of the l, and. This section deals with

the legal frameworks of each of the mentioned countries with respect to the processes involved in

bringing the fashion goods into the commercial market, whether online or offline.

● Law on Contracts

The whole chain of processes involves a number of people; suppliers, sellers, buyers, distributors,

and agents. To effectively deal with each other, at some point or other, they enter into different

contracts. This process attracts the law governing contracts in force in that jurisdiction. Such a law

is applicable to all contracts entered into at every stage whatsoever.

In India, the Indian Contract Act of 1872 is applicable to all agreements, and contracts. It

additionally, deals with performance of the contracted agreements as well as the consequences of

breach, if any. It also governs the principal-agent relationship, i.e., agency in all matters as, and

when applicable. For contracts between supplier/ business owner, and the consumer, a special

legislation known as the Consumer Protection Act protects the interests of the consumers against

192The Economic Times, Budget 2021:India’s Gig Economy Workers to get Social Security for the First Time,

budget 2021: India’s gig economy workers to get social security for the first time - The Economic Times

(indiatimes.com), visited at Mar 03, 2020, 08:30 P.M.

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the acts of such suppliers/ business owners who try to cause harm in any way. The Act of 2019 is

the latest legislation in this regard.

The relevant contract law applicable in England, and Wales comprises the statutory as well as the

common law. The parties are free to choose their terms of agreement, subject to other provisions

of law for the time being in force. The Unfair Contract Terms Act, 1977 regulates the business-to-

business relations, and imposes limits on the extent to which liability for breach of contract,

negligence or other breaches of duty can be avoided by means of contractual provisions such as

exclusion clauses.193 A similar provision is replicated under the Consumer Rights Act, 2015 to

regulate the business-consumer relationship.

In the US, each state has its own framework to deal with contracts. The contracts of services, land

use and sale of land are governed by law declared by the Courts. A number of these principles

have been codified into what is known as the Restatement (Second) of Contracts. Thus, the

contracting parties may opt for that body or bodies of law they want to be governed by with regards

to their contract. At the Federal level, there is a Uniform Commercial Code (UCC) which deals

with an array of topics of commercial nature. Article 2 particularly lays down provisions related

to sale of goods.

● Supply of goods, and services

The supply of goods in the UK is primarily controlled by the Sale of Goods Act, 1979, and the

Sale and Supply of Goods and Services Act 1982 deals with the supply of services. Both

legislations cover the core aspects of contracts that are entered into for supplying goods, and

services, except to the consumers. The Consumer Rights Act of 2015 sufficiently looks over the

supply of goods, and services to consumers. This is to basically grant protection to them while still

granting some leverage to enter contracts. It should also be noted that the law attracted to an act of

supply depends on which aspect of the chain it is in. Depending upon the arrangement between

each of the stakeholder, the terms of supply agreement may vary; the terms may be oral, in writing

or both.

193 Thompson Reuters, U.K. Practical Law, https://uk.practicallaw.thomsonreuters.com/5-

1077449?transitionType=Default&contee, visited on 7th Jan 2 P.M.

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In India, the Sale of Goods Act 1930 is the legislation pertaining to the contracts of sale of goods.

A contract for the sale of goods can provide for the immediate or future delivery of goods at once

or in instalments, and for immediate or future payment of the price at once or in instalments. All

small business set ups are governed by the Micro, Small, and Medium Enterprises Development

Act 2006 (MSME Act). Also, the Consumer Protection Act 2019 regulates the sale, and supply of

goods, and services.

As mentioned earlier, the UCC of the USA deals with the sale of goods under Article 2. Goods are

defined as: "Goods" means all things (including specially manufactured goods) which are movable

at the time of identification to the contract for sale other than the money in which the price is to be

paid, investment securities, and things in action.194 Thus, sale of goods, and its contracts shall be

dealt as per the UCC or the law declared by the parties themselves.

● Distribution

There is no straight-jacket law governing distribution agreements in the UK; the general laws on

supply agreements are appropriately applicable. Additionally, common law on agency agreements

is also in place, but there is nothing specific that is exclusive for fashion goods. Suppliers of luxury

goods such as perfumes often opt for selective distribution system, wherein the supplier agrees to

supply only approved distributors who meet specified minimum criteria, and the distributors

themselves agree only to supply end users or other distributors or dealers within the approved

network.195 In such kind of system, the supplier has more control over the sale, and resale of its

products. The common law agency rules are basic rules of law which govern the principal-agent

relationship while dealing with third parties. the Commercial Agents (Council Directive)

Regulations 1993 are applicable to commercial agents, and its principal.

In India, the Indian Contract Act, 1872 covers an array of aspects necessary to create, and continue

the principal-agent relationship. These provisions are equally applicable in the fashion industry;

as discussed above.

194 Uniform Commercial Code, § 2-105. 195 Supra note 37.

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In the US, each of the species of the fashion sector have an association to their name which look

into the enforcement of all regulations pertaining to each, and every aspect. For example, there is

a Footwear Distributors and Retailers of America (FDRA) which looks into research, design, and

development, to manufacturing, and distribution, to retailers selling to consumers all over the

globe.196 Other than these, distribution arrangements are made using specific terms of the

contractual arrangement with a particular brand, and’s distributors. A brand, and may grant

distribution rights only for a specified geographical extent, for online or offline businesses, full

price versus off-price, etc. E-commerce retailers have an advantage of drop-ship sourcing

arrangements, wherein manufacturers ship products directly to customers instead of shipping it to

the retailer’s warehouse.

● E-Commerce/ E-Retail

If anyone intends to launch an e-commerce fashion portal or marketplace in UK, there is no one

law that is attracted. Depending upon the kind of online business, the legal frameworks become

applicable. Most importantly, the consumer laws must be kept in mind m, mandatorily. The

Electronic Commerce (EC Directive) Regulations 2002, mandates the business owners, and

service providers to furnish information about themselves so as to ease the process of identification

without any delay. Additionally, it also lays down the provision of display of information on how

e-contracts will be made in such transactions. The EU Geo-blocking Regulation 2018/302 forbids

such business owners from limiting access to consumers on the basis of their nationality or place

of residence. The Consumer Rights Act 2015 being the key piece of consumer legislation, it

effectively sets out the terms on which the businesses should adhere to. Thus, it is evident that the

Consumer Rights Act 2015 plays a key role in regulating the acts of the business owners, and

service providers by laying down strict terms in the form of consumer rights. Additionally, the

Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013

specifies the information which must be provided to consumers so as to make an informed choice.

From the Indian perspective, the enactment of the Consumer Protection Act of 2019 has been

considered the most progressive, and emphatic step taken with regards to covering a range of

196 Fashion Institute of Technology, Apparel Industry, https://fitnyc.libguides.com/apparelindustry/standards, visited

on 7th Jan, 8 P.M.

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aspects that not only ensure protection to consumers, but also lay down a framework for business

owners, and service providers to adhere to. Nevertheless, all necessary licenses required to set up

a physical shop must be complied with; registration of the company, website of the proprietorship,

PAN Card for taxation purposes, GST Registration, a bank account in the name of the business,

and license under the appropriate Shops, and Establishment Act.

There are seven main permits, and licenses required to set up an online business in the USA. A

Business Operation License to conduct business in the desired city, county, or state can be obtained

from the appropriate authority. An Employer Identification Number issued by Internal Revenue

Service, a Federal agency, which grants a unique identity to one’s business, whether Limited

Liability Corporation or otherwise. A Doing Business As (DBA) License when one wishes to

operate the online business under a name other than one’s own, which can be obtained from the

county or the state authority. Though it is not considered m, mandatory, but it is recommended to

have one. A Seller's Permit or a Seller's License as required by the law of the State. If the business

is operated from home, the business owner must file, and apply for a Home Occupation Permit. A

Sales Tax License and other tax permits to pay the relevant taxes is also, mandatory. Other license,

and permits like the Environmental Permits, and Health Permits must also be procured as required

by the law of the State in which the business is registered, and being operated from.

● Taxation

All trading profits of a retail store in UK, irrespective of whether it is run by a UK or non-UK tax

resident company, are subject to UK corporation tax, currently being levied at 19%. Similarly,

trading profits earned from sales made by an e-commerce by a UK tax resident company, or the

one with a permanent establishment in the UK, are subjected to the same provision. The case is

different for those who are neither tax resident nor have permanent establishment in the UK. It had

been proposed in the UK that 2 per cent digital services tax to be levied with effect from April

2020. This will also be applicable to all those online platforms that host sellers of goods, as well

as fashion.

Earlier on, there were a number of taxes applicable to businesses in India, whether concrete or

online, both direct, and indirect taxes. With the implementation of the Goods, and Services Tax

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(GST), it is now a uniform tax applicable to the territory of India. The GST is applicable to all

transactions, whether intra-state or inter-state, and accordingly SGST, CGST & IGST is levied.

In the US, home-based businesses that sell taxable products, and services are required to pay sales

tax on the items sold. Since the law of each State varies, the sales tax also differs from state to

state. The amount of tax to be paid has to be confirmed with the state, and localities in which the

business is being done. Import tax or custom duty is applicable to goods imported into the country.

An Import VAT or Value Added Tax may also be levied on imported goods, and services.

● Data privacy, and security

The Information and Communication Technology has revolutionized the modus of operating

businesses, and selling of goods, and services. On one hand, its advancement has offered

opportunity to spread one’s wings over several jurisdictions, and on the other hand it poses

challenge, and threat to data privacy, and security of individuals. When deploying technologies for

sale, and marketing of goods, and services on a virtual platform, it becomes pertinent to consider

such concerns, especially when artificial intelligence is increasingly bringing favorable changes in

the favor of the business owners.

From the UK perspective, the EU General Data Protection Regulation (GDPR), and the UK Data

Protection Act 2018 (DPA), are the key rulebooks of compliance in matters of data, and privacy

protection. Implemented as the Privacy, and Electronic Communications Regulations (PECR), the

law is the yardstick for electronic direct marketing, and cookie compliance.

The Indian equivalent for data protection, and privacy is the Information Technology Act of 2000,

and the relevant rules made thereunder. Although India is not a signatory party to conventions

equivalent to the GDPR, it has taken into consideration the provisions of the Universal Declaration

of Human Rights, and the International Covenant on Civil, and Political Rights. It should also be

noted that the Personal Data Protection Bill, 2019 was introduced in the Lower House of the Indian

Parliament, with the purpose to provide for protection of privacy of individuals relating to their

Personal Data…, and to establish a Data Protection Authority of India for the said purposes.197

Another keynote legislation which recently changed the dynamics in matters of online portals

197 The Personal Data Protection Bill, 2019.

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selling goods, and services is the Consumer Protection Act of 2019. This has been dealt with in

detail in the following paragraphs.

In the US, there are several laws that regulate data, and privacy protection of consumers: at federal,

and state level. Most importantly, it is the Gramm-Leach-Bliley Act of 1999, mandates all financial

institutions to explain clearly in a written format, how they handle and protect consumers’ non-

public personal information. It restricts the manner in which such institutions share that data with

third parties.

● Consumer Protection, and Product Regulation

As in all other aspects, fashion goods do not have any specific legal regime in matters of product

safety. They have been covered by the EU General Product Safety Directive, and is applicable to

all products meant for consumers. The Directive imposes on producers a requirement ‘to place

only safe products on the market’.198 Contrastingly, other consumer products like the toys, have

their own specific framework for instance the Toy Safety Directive 2009/48/EC. Also, there are

particular safety conditions with respect to the children’s clothes, and footwear like the Nightwear

(Safety) Regulations 1985/2043, which does not permit supply of children’s nightwear that fail to

meet flammability performance requirements, and set, standard BS EN 14862:2014 which aims to

minimize the risk of accidental entrapment by cords or drawstrings on children’s clothing intended

for children up to age 14.199

The Parliament of India enacted the Consumer Protection Act, 2019, replacing the old Act of 1986.

The aim of the Act is promoting protection of the rights, and the interests of all consumers, and for

the said purpose, to establish authorities for timely, and effective administration, and settlement of

consumers' disputes200, imposing liabilities, and penalties on manufacturers, service providers,

electronic, and otherwise, misleading advertisers, and by providing mediation as an additional

mechanism of settlement of consumer disputes. More importantly, the 2019 Act seeks to cure the

procedural defects of the Act of 1986.

198 Article 3. 199 Children’s Clothing – Safety of Cords BS EN 14682:2014, http://www.libberton-pri.s-

lanark.sch.uk/index_330_4195907067.pdf, visited on 7th Jan, 11 P.M. 200 The Consumer Protection Act, 2019, No. 35, Acts of Parliament, 2019 (India).

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The rights of the consumers in USA are protected by a number of consumer protection laws, and

enforced by the Federal Trade Commission’s Bureau of Consumer Protection. It stops unfair,

deceptive, and fraudulent business practices by collecting reports from consumers, and conducting

investigations, suing companies, and people that break the law, developing rules to maintain a fair

marketplace, and educating consumers, and businesses about their rights, and responsibilities.201

Depending upon the kind of transaction, the relevant rules, and regulations will be made

applicable. Many states have also adopted the Uniform Deceptive Trade Practices Act, Fair Debt

Collection Practices Act, the Fair Credit Reporting Act, Truth in Lending Act, and the Fair Credit

Billing Act.

● Product liability

The substantive laws that govern this aspect in India are the Consumer Protection Act 2019, the

Sale of Goods Act 1930, and the Indian Contract Act 1872.

Under the new Consumer Protection Act, the product manufacturers shall be liable in an action

where it has been claimed by the consumer that the product contains a manufacturing defect, or

the product is defective in design, or, there is a deviation from manufacturing specifications, or the

product does not conform to the express warranty, or the product fails to contain adequate

instructions of correct usage to prevent any harm or any warning regarding improper or incorrect

usage.202 The said manufacturer shall be held liable even if he proves that he had taken all

necessary precautions , and was honest in making the express warranty of the product in question.

Under ss. 85, and 86, product service provider, and product sellers, respectively, have been made

liable under circumstances stated therein. They are now under obligation to ensure utmost

reasonable care so as to avoid negligence, and danger to the consumers. They are mandated to

stipulate express usage, warning, and warranty on the product as required by or under any law for

the time being in force or otherwise.

In the UK, claims for product liability for fashion goods are under the ambit of that framework

which is applicable to all consumer goods. A consumer can claim for breach of consumer contract

201 Federal Trade Commission, Bureaus of Consumer Protection, https://www.ftc.gov/about-ftc/bureaus-

offices/bureau-consumer-protection, visited on 7th Jan, 11: 20 P.M. 202 Id. S. 84(1)

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against the immediate supplier of the product or service. Strict liability claims as well as an action

in negligence can also be made against the producer, and manufacturer, respectively, of the said

defective product for any damage caused by such defect.

Under the US law system, claims for product liability may be raised by a consumer on a cause of

action of negligence, breach of warranty or strict liability; there is no uniform legislation on the

same. Manufacturers, distributors, suppliers, retailers, and others who make the fashion products

available to the public for sale can be held responsible for the injuries caused by defect in those

products. Such defects could be either manufacturing defect, or a defect in the design or even a

failure to warn the consumer against a kind of use of the product.

● Competition Law

Competition law is applicable to the fashion goods sector just as any other sector, both in India,

and UK. In the UK, it is the EU competition law which governs the activities of the company’s

existing in the UK markets. The enactment ‘Competition Act’ of 1998, with its changes after UK’s

Brexit, is relevant legislation on this topic. It extensively deals with the topics of mergers,

restrictive practices, abuse of ‘dominant’ market position, exemptions, and excluded agreements.

In India, the Competition Act of 2002 has been enacted to prevent practices having adverse effect

on competition, to promote , and sustain competition in markets, to protect the interests of

consumers , and to ensure freedom of trade carried on by other participants in markets, in India.203

The provisions of the Act prohibit contracting of anti-competitive agreements, abuse of dominant

position , and regulation of combinations, with additionally levying penalties for offences , and

contraventions prescribed by the Act itself.

The position of USA in this regard is dealt little differently. The parallels to competition laws are

the ‘anti-trust laws.’ The US enforcement framework deals with this aspect through two primary

federal laws: the Sherman Antitrust Act of 1890, and the Clayton Act of 1914. The Antitrust

Division of the US Department of Justice (DOJ), and the Federal Trade Commission (FTC) are

the agencies which bear the responsibility of enforcing these legislations. The Sherman Act

outlaws "every contract, combination, or conspiracy in restraint of trade,”, and any

203 The Competition Act, 2002, No. 12, Acts of Parliament, 2003 (India).

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"monopolization, attempted monopolization, or conspiracy or combination to monopolize."204 The

Clayton Act addresses specific practices that the Sherman Act does not clearly prohibit, such as

mergers, and interlocking directorates.205

VI. SURVEY

The questionnaire was prepared in such a way that every aspect of the research should possess

practicality. Thus accordingly 17 questions were included consisting of a mix of one liner, and

multiple choice. The questionnaire was circulated over several social media platforms, and was

responded by 50 respondents. The results provide more clarity to the research. To begin with the

majority of the respondents were students only that was 78.3%. Next question talked about the

designation, and it was recorded that 82.6% were law students, and 10.9% were the fashion

students. Since the majority were the law students it provided stimulation to the study. The next

question talked about the awareness regarding the fashion laws, and it was recorded that more than

half of the respondents were unaware about the existing fashion laws in the country that was

54.3%.

Since the people lacked awareness it was necessary to question clarity regarding the understating

of fashion laws, arguably respondents did feel the need for transparency of fashion laws in the

intellectual property rights Industry. Almost 93.5% agreed to the same. People should be provided

a clarity between the design act 2000, and the copyright act 1957 in such a way to avoid

exploitation of artistic work in the fashion industry. Will the articulation in the fashion industry

imbibe the brand to work under strict legal compliance was a question of deep interest as 82.6%

agreed to that? People do confuse between the design act 2000, The Indian Copyright act 1957,

and the trademark, and GI act 1999, some of the section of these acts provide acute protection to

artist, and their art. So separate legislation regarding practices such as counterfeiting, fashion

piracy, copyright breaching would go a long way to inhibit such practices, and regulate fair trade.

Accordingly, 67.4% agreed to that. IP has been turned into to global asset in the age of

commercialization, and so does its significance in the fashion industry. Big fashion brand tends

get their product copyrighted in order to prevent exploitation by other players in the market this

204 Federal Trade Commission, The Antitrust Laws, GOVERNMENT OF USA, https://www.ftc.gov/tips-

advice/competition-guidance/guide-antitrust-laws/antitrust-laws, visited on 7th Jan, 5 P.M. 205 Id.

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would increase the life span, and market value of the product. Rohit Bal in 2017 became the first

designer in India to get copyright over his entire collection, and the spree was followed by number

of other designers thereafter. 82.6% respondents agreed to the same.

Fordam University in the U.S in the only college in the world that offers masters in fashion laws,

law schools in India doesn’t possess a separate credit module on fashion laws because of which

many are not aware of existing fashion laws in the country ever after getting an LLB degree.

Inclusion of a m, mandatory credit module on fashion laws by law schools would add to the better

understanding, and awareness regarding the fashion laws in order to harness better opportunities

in the near future. 63% agreed to the that while 37% were not in support of the cause. Fashion laws

are in close congestion with the IP laws thus a uniformity in fashion laws across the globe will

provide a better regulation, and stimulation to the growing fashion Industry. Thus 67.4 people

agreed to the same. Fashion experts if educated about the IP rights on their fashion product will

harp better results in the future, and so did the respondents feel. Since Commercialization is on

boon with has to be in pace with the technological development, which has been not provided

platform for dubious understanding of fashion laws in the country. 80.4% respondents agreed to

the same. Practicality is sheer important with respect to the fashion industry, and in India the

provisions are quite the same, and as a result the majority of the respondents agreed to the same.

Some of provisions of the design act of 2000, and the copyright act do create confusion as some

of them over run each other, however some not. The responses were mixed. Fashion industry

accounts for 5% India’s GDP, and 14% to the overall Index of Industrial Production, which sounds

as one of the booming assets in the near future. Thus, its reformation will go a long way in boosting

the economy. Fashion industry is mostly affected by Counterfeiting of their products. This leads

to loss of revenue for them as consumers get the counterfeited products at cheap price, and

sometimes, they also get confused that what is the original product. 84.8% respondents agreed to

the same.

Gender Discrimination is prevalent in Fashion Industry also it could be in the form of wage

payment system, sexual harassment, verbal abuse, inappropriate behavior, 69.6% of the

respondents do feel the same, the rest not. The Indian textile industry provides employment to a

large number of skilled, and unskilled workers in the country. It contributes about 10% of the total

annual export, and this value is likely to increase under GST. Some of the benefits of the uniform

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tax rates in the fashion industry are: Reduction in Manufacturing costs, break in input chain, and

credit allowed on capital goods providing flexibility, and reducing the risks of fraudulent activities

in the Industry. 60.9% agreed while 39.1% disagreed.

● Survey Questions:

1 Educational Qualification?

A1. Under Graduate- 2. Post Graduate- 3. P.H.D- 4. Others-

2. Your Designation?

A2. Law Student - 2. Law Professional- 3. Fashion Student- 4. Fashion Professional-

3. Are you Aware of the Fashion Laws in the Legal Industry?

A3. Yes - 2. No-

4. Is there a need for transparency of fashion Laws in the Intellectual Property Rights Industry?

A4. Yes- 2. No-

5. Will the Induction of Articulated fashion laws imbibe the Fashion Brands to work under strict

legal framework?

A5. Yes- 2. No-

6. Is there a need for separate Legislation catering to fashion Piracy other than the Design Act

2000, The Indian Copyright Act 1957, and the Trademark Act 1999?

A6. Yes- 2. No-

7. Does Intellectual Property Serves as an assist to the fashion Product by extending its life span?

A7. Yes- 2. No-

8. Is there a need for a M, mandatory Credit Module on Fashion Laws by Indian Law Schools?

A8. Yes- 2. No-

9. Should there be a uniformity in Fashion Laws Across the Globe?

A9. Yes- 2. No-

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10. Should the Design Experts of fashion Products be educated about IP in Fashion Industry?

Comment.

11. Is the Lack of Technological Development in the Economy forms the route for deceptive

Fashion Laws in the Country?

A11. Yes- 2. No-

12. Are the Provisions of the fashion Laws Lacking Practicality in India?

A12. Yes- 2. No-

13. Does the Design Act, and the Copyright Act overrun each Other? Comment.

14.Will the Reformation of fashion laws in the country will serve as boost for big fashion brand in

the near future?

A14. Yes- 2. No

15. Is the Counterfeiting of Fashion Products in the Fashion Industry a common Practice?

A15. Yes- 2. No-

16. Do you Think the Indian Fashion Industry is gender inclusive?

A16. Yes- 2. No-

17. Has the Uniformity of the Taxes charged on the fashion sector has facilitated the growth

Industry?

A17. Yes- 2.No.

● Responses

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Survey Limitation

Every survey has its own limitation, and so does this one.

To be practical, a survey or questionnaire cannot fully capture the emotional reactions or emotions

of the respondents. Without the face-to-face questionnaire, there is no way to observe facial

expression, emotions or body language. The questions which were included in the questionnaire

were answered in majority by law students, which possess a bleak knowledge about fashion law

and Industry. Thus, it may lead to false interpretation of data as too many open-ended questions

will lead to a torrent of data that can take years to be evaluated. Fix this pitfall, but pick the query

forms carefully. If you have ten questions, you obviously don't want more than one to be open-

ended because they don't have a way to be quantified. Other significant disadvantage of an online

questionnaire is that questionnaires are not particularly suited for research that requires a

significant number of open-ended questions, and the study requires such questions in order to

provide more of clarity, and diversity to the research.

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The sample size which was took consisted of mere 50 respondents which seemed quite impractical

with respect to the subject of the research. As responses by mere 50 respondents cannot be implied

as the research outcome. Moreover, this method is not applicable for surveys that require

respondents who do not have an access to the Internet.

VII. NEED FOR DEFINITE LAWS IN THE FASHION INDUSTRY

● Design, and Copyright

The fashion industry concerning design, and copyrights has numerous laws. Yet these regulations

have failed in combatting challenges faced by fashion designers. There is hence a need for definite

laws in the fashion industry. The existing laws only work towards preserving the exclusivity of

fashion apparel. As mentioned earlier, the scope of fashion industry goes further. The following

changes can help in making the fashion industry a better, and safer place for both the buyer, and

the seller.

1. Amending the laws in a way that the purchaser is liable for the counterfeits. Often it is seen that

people would knowingly purchase smuggled clothes to save money. As long as the buyer buys

smuggled or copied goods for a lesser value, people will keep coming up with new ways to break

the laws to make easy money.

2. The laws that govern Intellectual Property Rights seek to protect the original products. But

seeking, and doing are two different things. The problem is, the laws seek to protect originality but

are not stringent enough for people to think twice before committing the offence of lifting someone

else’s designs. Through this, counterfeiting may be limited if not prevented.

3. The most important issue in the entire realm of fashion laws is the lack of awareness. The

designers must be informed, and sensitized about the need to protect their property in a way that

can shield their exclusivity from any kind of further challenges.

4. The second most important issue is to create awareness among the general public. Public or

consumers must be sensitized about identifying fake goods, and the repercussions of encouraging

counterfeit goods.

● Merchandizing Industry

Merchandising can be referred as activities which are aimed to quickly retail sale of goods using

means like bundling, display, free samples, on-the-spot demonstration, pricing, shelf talkers, etc.

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In short it means that the method or practise chosen to promote, and sustain commercial activity.

Good examples of this can be seen in any fashion retail store: the mannequins in display with new

outfits, the free perfume sample tests, the buy one gets one free is one of the most famous special

offers.

Fashion Merchandising can be defined as a strategic analysis, marketing, and management of

products that are specifically related to the field of fashion. Fashion merchandising can further be

categorized into Visual Merchandising, Product Merchandising, Retail Merchandising, and Digital

Merchandising. Each of these categories need immense specialisation. But the biggest challenge

that the fashion industry faces today is not applying IPR i.e., Intellectual Property Rights to

merchandising. Yes, there are advertising laws, and cyber laws for digital advertisement but still

there are no specific defined laws for merchandising in India.

The small markets which sell goods at a cheaper price, for example, Janpath, Sarojini market,

Connaught Place small vendors, Mumbai’s fashion street, Patna’s Poorna market, etc. all practise

fashion merchandising as each vendor uses tactics, and strategies to sell their goods at cheaper

prices which attracts customers. This cannot be deemed as counterfeiting. Yes, the goods they sell

make be a copy with a slight difference, for e.g., Zara becomes ZaraX, which does diminish Zara’s

profits by a slight margin but they cannot be held accountable for this under IPR as they do not

violate the copyright act.

Social Media can be deemed as the new market platform. Instagram pages which start with a small

business, and build up overtime, Facebook pages which sell clothes, and accessories at a cheaper

price are all new, and upcoming markets in the digital media. The only difference between the

Online Shopping websites, and Social Media e-commerce is that the online shopping websites do

have a refund, and return policy just in case the customer does not like the product or the quality

of the product is not satisfying, this sadly, is not the case with Social Media Markets. The quality

of the product cannot be determined by the pictures, and there is mostly no refund, and return

policy for the same. This shows that India needs strict laws for this new upcoming sector of

marketing.

With new marketing techniques, there is always scope for fraud, and exploitation, and to minimize

this, strict law, and order should be maintained.

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Fashion merchandising is as important as Design, and hence, it is very important to bring in unified

laws to protect a customer from unfair means. Some countries have given a push to the fashion

law division by having proper fashion ministers, and indeed from this we can determine that it is

high time for India to do the same. For starters, India can have a unified law that governs the

fashion industry.206

This is the most ignored sphere in the fashion industry.

The biggest challenge is the non-applicability of Intellectual Property Rights to the whole of

marketing, and merchandising. While there are advertising laws, and various cyber laws when it

comes to e-commerce, there are no well-defined laws that can govern the merchandising process.

When it comes to design there are two parties but when it comes to merchandising there is an

additional party if the person who is supplying is not the one who is selling. The complexity in the

process makes it challenging for regulating the industry.

Quite often we see people selling clothes on the footpaths. Would these come under counterfeiting

or merchandising? This comes under the purview of merchandising. Selling clothes in a particular

place with the rating board involves strategy, and planning. For instance, let’s talk about the

famous Sarojini market in New Delhi. What goes on there is not exactly counterfeiting but that is

fashion merchandising. They have strategies for selling goods at a cheaper price using their tactics.

Can we book them under laws that govern IPR? We certainly cannot. That is their marketing

strategy. They sell shoes that look like a puma with the name poma. They have not violated the

copyrights act but they have caused a certain amount of loss to the puma manufacturers by cashing

their fame. All this is fashion merchandising. The real question is, should we completely curtail

such strategies?

Let’s look at it this way. I would want to buy shoes that look like Adidas but I cannot afford to

buy them. I go to the market looking for similar designs but of lesser price. I find a shop that

matches my requirement. People sell the same design as others for two reasons. One, he does not

have money to hire designers hence he employs tailors who can do the work at a lesser price. Two,

the shop does not have any recognition of its owner hence the owner has to bring in something in

trend. Now, I got what I wanted, and he got what he wanted. Can we call this a win-win situation

or should we call it stealing the originality of someone else? Would people buy expensive clothes

206 , The Need for Definite Laws, and Regulations in the Fashion Industry, https://legaldesire.com/need-for-definite-

laws-, and-regulations-in-fashion-merchandising-industry/, visited on 12th Jan, 12:13 P.M.

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when they can find the same at a much lesser value? The answer could be a yes or a no. I might

still want to go, and buy the same lehenga from Sabyasachi though the same would be available

in other shops. Some might just get the same one stitched from a local market. All this boils down

to the issue of right or wrong. This is subject to interpretations, and personal opinions. But at the

end of the day, it is undoubtedly stealing someone’s originality. Hence, no amount of guilty

pleasure can be called out as an excuse to imitating or lifting someone’s design. Strict rules are

necessary to curtail such merchandising.

Now that we have discussed the aspect of design, and merchandising, it is important to shed some

light on what products should be sold. When the designer, and the seller are two different parties,

maximum care has to be taken while goods are given to the designers. While IPR protects the

sellers there are limited laws that seek to protect the sellers. Strict laws should be made to protect

the rights of the sellers or intermediate parties.

Online shopping. We come, we see, we buy. Rarely do we check the authenticity of what we buy.

It is difficult to check the originality of online products. Hence, strict laws that are beyond just

‘return, and refund policy’ should be brought in.

Social Media is a new e-commerce platform. With celebrities, and tik-tokers promoting clothing

websites, it is easy to commit fraud. One cannot blame the ones who promote. The exactly is the

issue. Strict laws should be brought in that can regulate such advertising of products, and websites.

Above all, the most important issue is profit maximization. Profits should be maximized to the

ones who deserve it. The best example to mention in this regard is weavers. It is often seen how

the middlemen give them tens or hundreds, and sell them for thousands, and lakhs if the cloth is

hand woven or a specific kind of silk.

All said, and done, where there is a market, there is always scope for fraud, and exploitation. For

this to be minimized, definite laws must be made in the merchandise industry.

● Labour Exploitation

One often stops to think beyond the rights of the buyer, and seller. There is a section that is

completely overlooked. Manufacturing of fashion goods is not considered important by many

while they think of laws in the fashion industry. Labour exploitation is an issue of concern in the

fashion industry. Being an unorganized sector with minimal laws with regards to the working

conditions, and employability, this industry is the hub of labor exploitative practices. With poor

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working conditions, and unrestricted working hours, the workers are extremely exploited, and their

efforts are completely ignored. They are paid peanuts for the kind of work they do. enormous

efforts, and their toil for global fashion brands go unnoticed.

The fashion garment industry is a woman-dominated sector (39.1% of women are directly

employed in the industry, as a proportion of all employees)207 , and there is an irrational

employment rate of child Labour. A survey conducted by the International Labour Organization

shows the estimates of 170 million children around the world engaged in child Labour.208 While

some are forced into working, the rest are left with no other choice owing to their poor family

conditions. In countries with a ban on child Labour, there is a big mafia that illegally sends minors

to other countries for Labour. The issue of illegal immigrants is not unknows. Minors are migrated

to other countries, and they are forced into working in adverse conditions. It is extremely saddening

that there are no sufficient laws to regulate such practices

Growing, harvesting, weaving, yarning, and manufacturing products like cotton; requires intricate

task because of which the manufacturers employ children for their small fingers to pluck cotton

buds, and avoid any damage.

Women are another section of vulnerable people who face oppression. They are made to work for

long hours, and are not on par with their male counterparts. Global fashion brands often turn

towards third world countries since such countries have cheap Labour. With warehouses, and

manufacturing units of global fashion brands in other third world, countries are reflective of this

In South India, recruiters approach parents of young girls in the rural areas, and convince them to

send their daughters to spinning mills by convincing them that they would be paid well, and be

given proper food, and accommodation. In addition to these benefits, they claim to provide

training, and schooling with a huge payment at the end of 3 years. For parents who can hardly give

them a meal once a day this is quite a temptation.209 Though these are false promises they often

trick parents into this.

● Rights of Models:

Following are the major concerns that beg for rights of models in the fashion industry:

207 Jayan Jose Thomas & Chinju Johny ‘Labour Absorption in Indian Manufacturing: The Case of the Garment

Industry”, May 2018. 208 Josephine Moulds ‘Child Labour in the fashion supply chain: Where, why, and what can be done’, The Guardian

(sponsored by UNICEF), Jan 2015. 209 Pauline Overeem & Martje Theuws, Flawed Fabrics: The abuse of girls, and women workers in the South Indian

textile industry’, SOMO & ICN, October 2014.

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▪ The network of human trafficking disguised within some modelling agencies, and scouts;

▪ Fake casting calls;

▪ Invasive backstage photography;

▪ Clicking pictures of models while they change behind the runway shows which end up on

pornographic websites;

▪ Photoshop of their photos without their consent;

▪ Racial discrimination;

▪ Underage models who travel to a foreign country, and work illegally without a proper wage

or knowing exactly what kind of work they are going to do.

The above-mentioned concerns are reflective of violation of both human, and fundamental rights

of the models. The rights as mentioned, and guaranteed in the Universal Declaration of Human

Rights, the Declaration of the Rights of the Child, the Convention on the Rights of the Child, the

European Convention on Human Rights, the European Social Charter or in several Constitutions

are blatantly overlooked in case of models in the fashion industry.

Right to physical, and psychological integrity, the prohibition of discrimination, the right to health,

the right to education, the prohibition of a human being’s exploitation or the right for each person

to control the use of his or her image are some of such rights. Affirmation of such rights is crucial

for the personal development of a model, and is inherent to his/her human dignity.

Every workspace as per the government regulations must have a committee or a cell to address

sexual harassment cases. This basic step is not incorporated in the fashion industry. The reason

could that this is not an organized sector which a definite office, and the crew keeps changing from

project to project. However, this doesn’t stop the fashion houses to have their in-house sexual

harassment redressal cells which overlook the models’ concerns while they undertake a project of

their fashion house. Rarely are the models given proper work conditions unless they are big faces

in the industry. There is a need for definite rules which give basic amenities to models.

While sexual harassment is one major concern, the other is employing underage models. We often

see creative advertisements with minors performing not just simple acts but sometimes the

advertisements go extreme. It does not come as a surprise to see minors drop out of their schools,

and colleges to get into modelling for easy money. At such age, and with desperation to go ahead

as they have left behind their education, they are at a vulnerable position both in terms of sexual

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exploitation, and in terms of making them do almost everything, and anything a designer, and a

photographer wishes.

As per several national legislations, the work of an underage model is subjected to authorization.

For instance, The New York Labour law states that a minor begins work, they should have a Child

Performer Permit, issued by the Department of Labour, which would be valid only for a year, and

in addition to this, the modelling agency or fashion house must have a Certificate of Eligibility,

valid for a minimum of 3 years, to be able to hire an underage model.

In Portugal, the modelling agency or the fashion house which organizes the runway show or the

photoshoot must require an authorization from the ‘Commission for the Protection of Children,

and Young People’ to be able to hire underage models. In case it is single participation on a runway

show or photoshoot, that happens within 24 hours with a child who is at least 13 years old, and has

never worked as a model 180 days before the event, the casting agency or fashion house must

communicate the participation of the child to the committee.

In most of the countries with a huge fashion industry like India, there is no such legislation to

protect the rights of minors, and it is high time for that to happen.

In short, the fashion industry must have a strict Code of Ethics which regulate every workspace in

the fashion industry.

● Material, and Technology used in the Garment Industry

With growing technology, there has been a rise in various techniques, and infrastructure used in

the manufacturing of garments. Usage of non-biodegradable material has to be regulated.

Technology that involves the emission of harmful gases should be banned or regulations should

be set up concerning the location of such warehouses, and safety precautions of the workers.

Another major concern is using animal skins as the garment material. With days of global

warming, and other issues, animals are already at risk. Some endangered species are as well killed

in the garment industry. Crocodile skin, and leather are the widely used animal products. There

are many other animal skins, and fluids used to make garments. This is violative of animal rights,

and must be regulated at the earliest.

VIII. CONCLUSION

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The currently present laws which address to the fashion industry are limited, and inadequate. The

industry needs to amend them so as to protect the rights of both buyers, and the seller. Trademark,

patent, and copyright law today provide designers with patchwork protections that ultimately serve

to only protect a portion of their designs.210 Though there are laws that govern the copyright issues,

there is a lack of exclusivity of laws which operate only in the fashion industry. What’s on paper

is tough to implement in this industry which begs for the need for definite rules, and regulations

that encompass all the spheres of the fashion industry. This type of environment breeds a

marketplace of knockoff designs where the first to market reaps the benefits of another designer’s

creative efforts.211

More focus has to be given on the fashion merchandising industry which is often overlooked other

than that, Labour exploitation in the fashion industry is a known fact which needs immediate

attention, Child labour, workspace discrimination on grounds of sex, race, and nationality are some

of the forms of labour exploitation. There must be a check on the kind of synthetics a fashion house

uses, and regulations must be placed to check the use of animal skins, and other forms of

manufacturing practices which emit harmful gases, and take a toll on the environment. The usages

of such products thereby leave an impact on the environment, and the natural animal habitat. Rights

of models must be protected by recognising their basic human, and fundamental rights.

The laws available are the copyright act, trademark act, designs act, and the patent act are not

enough since fashion law is an emerging field. A pertinently urgent need for excessive study in

the field is required so that the rules, and regulations framed can pe perfected. More stringent laws

are needed to promote the fashion industry in India to improve the economy of the country, and

develop the image of the Indian fashion industry not only on a national but also international

platform.

The advent of the niche practice area for fashion law demonstrates the value of fashion design in

the economy, and the complexities of intellectual property protections, which require specialized

knowledge to effectively protect, and enforce designers’ rights.212 The current laws need to be

210 CRAIG ALLEN NARD ET AL., THE LAW OF INTELLECTUAL PROPERTY 2 (4th ed. 2014). 211 See Helena Pike, The Copycat Economy, BUS. OF FASHION (Mar. 14, 2016, 5:30 AM),

https://www.businessoffashion.com/community/voices/discussions/what-is-the-realcost-of-copycats/fashions-

copycat-economy, visited on 14th Jan, 4 P.M. 212 Id.

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amended to incorporate the designers, and the creative works of people, so that they can effectively

implement their ideas without the fear of any duplication.