Category: Uncategorized
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FASHION SHOWS AS COPYRIGHTABLE WORKS IN FRANCE: CAN THE SAME APPROACH BE TAKEN BY INDIAN COURTS?
This article is authored by Mandasmitha J, an LLM graduate from Christ University, Assistant Professor of Law at Mount Shepherd Law College, Bangalore. INTRODUCTION: Fashion shows have evolved into multidimensional spectacles. Such a situation raises questions about their eligibility for copyright protection. Fashion designers and fashion invest substantial creative effort to execute shows that have…
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Interview with Diya Kumar | Fashion, Law, Real talk.
Founder, YourFashionLawGuide | Founder, Legal Luxe Interviewer: Bornaa BaruahPlatform: Fashion Law IP Blog Edited interview transcript. In this conversation with the Fashion Law IP Blog, Diya Kumar, the mind behind YourFashionLawGuide and the founder of Legal Luxe, shares her perspective on the evolving legal landscape of the fashion industry. Drawing from her work in IP…
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The Elusive Copyright: A Juridical Enquiry into the Protection of an Aesthetic
This article is authored by Divija Manaktala, second year, Maharashtra National Law University, Mumbai, and Sankalp Mirani, fifth year, Maharashtra National Law University, Mumbai. Introduction Aesthetics can be immaterial, yet they have a huge power on the contemporary creative economy. Design, graphics, color schemes and typography and graphic textures all solve to create a visual…
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Italy’s Fashion Giants Under Scrutiny as Government Cracks Down on Greenwashing and Labor Abuses
This article is co-authored by and Samiksha Shah, Fourth Year, B.A. LL.B. (Hons.), Adv. Balasaheb Apte College of Law, University of Mumbai and Sankalp Mirani, Final Year, B.A. LL.B. (Hons.), Maharashtra National Law University, Mumbai. A sweeping government crackdown in Italy is putting the nation’s celebrated fashion sector on notice, demanding an end to deceptive…
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Europe’s New Dawn: How Landmark Legislation is Forcing Fashion to Clean Up Its Act
This article is co-authored by Sankalp Mirani, Final Year, B.A. LL.B. (Hons.), Maharashtra National Law University, Mumbai and Sarthak Hiremath, Final Year, B.B.A. LL.B., R.L. Law College, Belagavi. Fashion has been, for many years, a fascinating display of ingenuity and the good life. The industry is not just selling clothes; it is selling the identity,…
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When Westside’s Design Go Sideways: India’s Design Duplication Dilemma
This article is co-authored by Maurvi Vohra and Sneha Mishra, fourth year B.A. LL.B. (Hon’s) students at the Institute of Law, Nirma University. Introduction In the modern world, the concept of intellectual property (IP) is a cornerstone of innovation and creativity. However, even though the “natural rights” with respect to IP is automatically granted upon creation,…
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Fake Flex and Runway of Crime: How a $10m Counterfeit Fashion ring was Unravelled and Why India should pay attention
This article is co-authored by Prosfutita Singha, fifth year and Shahil Bhattarai, third year B.A. LL.B. (Hon’s) students at the National Law University and Judicial Academy, Assam. A $10M Sydney bust tore open fashion’s darkest seam, where knockoff glamour bankrolls crime and endangers lives. Are your stylish indulgences unknowingly funding crime? Is a “first copy” bag…
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Runway to Courtroom: How the Tigress Case Sparked India’s Fashion Law Awakening
This article is authored by Rhea Mary Philip, a third year B.A. LL.B. (Hon’s) student at the Maharaja Sayajirao University of Baroda. THE FRAGILE DANCE OF CREATIVITY AND COPYING The fashion world is a paradox; it is a fast-paced business built on slow and meticulous craft. Fashion designers around the world, both in Paris and India,…
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From Sketch to Scam: Fashion’s legal Right against copycats and counterfeits
This article is co-authored by Sneha Singh and Kashika Mittal, second year B.A. LL.B. (Hon’s) students at the Vivekananda Institute of Professional Studies (GGSIPU), New Delhi. Introduction In 2022, one of the fashion design students posted a graphic, hand-drawn on Instagram, a contemporary reinterpretation of Mugler-form blended with ancient patterns of weaving. It was copied…
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“Whose Design Is It Anyway?” – Protecting Traditional Designs in the Age of the AI Fashion Generation
This article is authored by Shruti Udayan, a second-year B.A.LL.B. (Hon’s) student at the National Law University, Jodhpur. In the era of AI-created fashion, where virtual models produce unique garments in the blink of an eye, one question stands out more than ever: Who truly possesses design? As luxury brands adopt generative artificial intelligence (AI)…