The Fashion Industry is an Intellectual property intensive industry as it is that industry that involves continuous creation of new and innovative ideas that are commercially exploited. If you just look at your reflection in the mirror, you will find that you are literally wearing “ Intellectual Property ”. The brand that you are wearing is most probably protected under trademark law, the floral design or any other like pattern on the dress is a design and can be protected under the Designs law and of course, any artistic work can be protected under the Copyright law (if, not protected under Designs law). Oh, let’s not forget, you can even license it to others and benefit out of it in terms of money and recognition. Like the music industry, the fashion business is rife with unauthorized copying. Logically, protection under design law for the Fashion Industry is most fitting.
At some point in a guy’s life, he just has to buy jewellery! Whether it’s for a girlfriend or partner, going through row after row of earrings, necklaces, rings and other adornments for someone else is one of the inescapable truths of life. Shopping for jewellery has changed a great deal as well – from discretely picking up something on a holiday (but having to sheepishly empty your baggage at airport security amid grins from your folks) to browsing through and buying the latest visually appealing design online, things have come a long way. As with every business these days a jeweller has to have a website and with the competition so stiff has to engage or independently design visually stunning works of art to make a mark. While this increased access through websites and online stores really extends the reach of the seller it also provides access for people to copy the designs.
A recent judgment of the Bombay High Courtt that I came across addressed issues relating to the laws of design which I found very interesting, mainly because they weren’t issues that were touched upon previously. On reading the judgment, I found that it was the Delhi High Court which had first examined these issues in detail and what was also interesting to read was the dissenting opinion by one of the judges.
Following up on my earlier post about the IP clause in an employment agreement, where I mentioned the contents of the clause ought to define the Intellectual Property, I figured that, that would be a good aspect to cover – Identifying IP.
My first job was at a start-up company – It was a part time job during law school, and I was working for a company that conducted creative theme based tours and events around the city. Working there helped me learn an incredible amount about everything! Partly through observing and a majority through actual experience I learnt the in and out of running a business, in particular, one that focused heavily on creativity.
We are a boutique intellectual property law firm based out of India, assisting clients ranging from early-stage start-ups to Fortune 500 companies across several industries in protecting intellectual property across the globe.