I – Intellectual

P – Property

R - Right-In fashion Industry

Hat

Garments/ textile/ technology

illustration/Fashion Photography/

Brand/ Logo

Shoes

Shocks

“IPR in Fashion helps creative aspirants to protect their unique sense of style and functionality ranging for variety of products”

http://totoi.com.au/wp-content/uploads/2014/07/KerrieHess-BCP-168A0642.jpg

How IPR safeguards?

Copyright

Design rights

Trade marks

Patents

Geographical Indications and Traditional Knowledge

Copy rights

• Copy right include “© symbol”.

• Copyright protects the expression of creativity by the author, not ideas.

• Copyright arises automatically once a work is created. There is no need for registration, unlike other areas of intellectual property (IP) such as patents, registered designs and trade marks.

• A copyright owner has the exclusive right to:

• Copy the work (‘reproduction right’)

• Issue copies of the work to the public (‘distribution right’)

• Rent or lend the work to the public (‘rental/lending right’) and

• Authorize others to carry out any of these activities (ie licences).

Design Rights

• Design rights are concerned with protecting the appearance of a product.

• It can be done in two ways: Community designs and UK designs.

• Design can be protected as an unregistered Community Design for three years or can be registered up to 25 years by registered community design.

• Design protection may be perceived by some as difficult to achieve due to the short lifecycle of the product; however, while some fashion trends come and go, others never fade and become classic and iconic pieces.

fashion design

Costumedesign

product design

Furnitureplanning

urban design

packaging designgraphic design

stage design

industrial design

https://totallist.files.wordpress.com/2013/01/chanel-suit.jpg

The classicChanel suit – designed by CocoChanel in the 1930s – is still soldtoday, for US$5,000 a suit.

Trademark ™

• A trade mark is a sign which distinguishes your goods from those of your competitors.

• Products of lasting quality are always in demand and over time a psychological association can develop with regard to product source and quality. The key to creating and maintaining this connection is through use of a trade name and logo on the product.

• Trademarks also depict brand value, as they often become symbols of ideas propagated in association with the product.

• If there is a word, phrase, or design that is used by company repeatedly a trade mark registration is required, so that nobody else uses it.

Versace’s medusa motif

Patent

• Technical innovation can push a fashion business ahead of the competition.

• Patent portfolio could help attract business partners or investors.

Geographical Indications and Traditional Knowledge

• Geographical indications are relevant to the fashion industry in terms of protecting unique handicrafts and fashion articles originating from a specific location and consisting of specific quality or reputation.

• Traditional or indigenous knowledge is also relevant in terms of the need to protect unique cultural expressions in the designs, motifs and production methodologies of the artisans and craftspeople of the country.

Trade secrets and new business models

• Trade secrets may range from a list of key suppliers and/or buyers, to use of software tools for fashion design, to logistics management of the entire value chain.

• Business models pertain to the management of logistics across the value chain, from purchase of raw materials through to the manufacture of the products and their display in stores.

Indian Scenario

• India has a rich textiles and handicrafts heritage in terms of abundant weaving, dying and printing techniques, embroideries, motifs, designs and production know-how, all of which are unique to the country and in need of protection.

• Indian fashion houses and designers have also resorted to taking strong actions against people who infringe upon their original creative works.

"It is now a routine in our office to register designs and document them. We have a complete cell in our office that deals with just this. In the past we've had some 8-9 cases of copying and once, there was a theft of the actual screens from our office."

- Ritu Kumar

References

• http://www.timesofmalta.com/articles/view/20140716/business-news/Intellectual-property-rights-in-fashion-industry.527886

• http://www.own-it.org/uploads/files/244/original/The_IP_Guide_to_Fashion.pdf

• http://www.internationallawoffice.com/newsletters/detail.aspx?g=d777c173-befc-4799-bcf2-1cb4c47fba46