RELEVANCE OF PATENTS IN THE GROWING FASHION INDUSTRY

Abstract

Design patents are always considered as not an important tool for protection of designs under the India fashion scenario. Despite the fact that India's fashion industry is one of the most primitive industries and is estimated to be at around 110 billion dollars in the present time, and also is expected to cross 200 billion dollars by 2022.
The textile and apparel industry in India is vital to economic competitiveness around the globe, as it contributes to almost 26% of India’s foreign exchange earnings. Employing at least 30 million people and many more in allied activities, the sector promises to build an ever-increasing job generation scheme and accounts for around 18% of the nation's industrial employment.
In order to furnish this growing demand and supply by the consumers, the industry is constantly trying to incur changes through inventions, creations, designs through technology based advancements and also increase the productivity by lowering down the expenses for the same and achieving high generation of revenues.
Many designers do not effectively try to protect their design through the regime of intellectual property, which stands as the most crucial when considering design as an aesthetic element. multiple efforts have been initiated by various designers, but have been mostly stalled or have caused problems in implementation may be due to lack of adequate laws in this area, but the growing space for copied designs and the relative impact of knockoffs and counterfeiting - serves as a threat to the fashion industry. as a result of which both emerging as well as established designers have to suffer and face the brunt of it. While a statue protecting fashion designers, does not find its existence under the Indian law, though there are certain laws in under the IP regime in India, where the designers are trying to sought protection and taking a legal stand against serious cases of infringement and piracy.
This paper discusses about the crucial role of patents in the industry of fashion, how knockoff goods create a serious threat in the digital world, consider why designers do not usually choose to protect their work under the existing intellectual property protection, and show how patents can serve as an effective yet feasible way for designers to protect their designs.