Abstract
Fashion is theheart of creativity and glamour, but it is often scrutinized legally due to its complex nuances. At the soul of this legal scrutiny lies the intellectual property, which is similar to fashion in celebrating and recognising creations of the mind. IP laws are crucial in safeguarding the rights of fashion creators, especially in an industry where originality is both highly valued and frequently replicated[1]. However, the rise of fast fashion has introduced serious environmental and societal concerns. These challenges are vital but are often ignored due to a lack of awareness. The growth of fast fashion definitely recognises the fruit of creative labour but also causes certain serious environmental and societal concerns, resulting in unsustainability for the future. These gaps can be filled by addressing them through the integration of innovative fashion technologies while protecting creators’ IP rights. This may seem ambitious, but it can be achieved if technology and IP law are strategically executed[2]. This study has examined the intersection of sustainable fashion technologies and intellectual property by bringing attention to IP in encouraging innovation while protecting eco-friendly developments within the fashion sector. It has highlighted technological advancements[3] such as biodegradable textiles, waterless dyeing methods, etc, which are gaining traction because of the industrial shift to sustainability. It showcases how Green technologies are protected through patents, trademarks, and design rights to ensure that inventors maintain control over their creations while enhancing industrial work with technology. The blend of IP protection and sustainable fashion practice will enhance brand identity, market value, and ethically attract conscious consumers by securing lasting competitive advantages. This paper has analysed this synergy’s broader economic and environmental implications and tried to represent it as a model for accountable entrepreneurship. It has demonstrated how fusion of sustainability and intellectual property is not only transforming business models but also repositioning the fashion industry as a crucialperformer in the worldwide movement towards environmental responsibility and innovation-related growth
Keywords:Design Rights, Eco-friendly innovation, fashion technology, Green Patents, IP in fashion, Sustainable fashion
Introduction
Fashion is derived from a Latin word “facere[4],” which means “to make.” It actually creates a powerful space representing creativity and culture together. It is something more than fabric and trends. It is a true reflection of art, culture and identity. From mesmerising rampwalks to bold designer statements, fashion and its controversies have always caught the limelight across the globe. However, behind this sparkly glamour lies a complex reality, especially concerning its environmental and legal intricacies. At the core of this[5], Intellectual PropertyRightsplay a crucial role in giving recognition to this art form. Similar to fashion, IP itself celebrated originality and creative expression. It protects the legal rights of those who bring an aesthetic and original vision to life and penalizes those who replicate them illicitly. Apart from unlawful duplication, the increased growth of fast fashion has created many other problems, which has contributed to significant environmental degradation, labour exploitation, and cultural dilution. These issues are often set aside[6] but can pose serious long terms risk if left unaddressed. To tackle these challenges, we need more surface level solution. It can be achieved through technology transfer. It is a process of sharing technological knowledge, tools, or methods from one party to another, permitting innovative ideas to move beyond boardrooms and labs and into real-world applications. In the fashion sector[7], this can mean sharing advancements like biodegradable materials, circular design techniques, or energy-efficient manufacturing systems. For such transfers to be successful, the innovator must be open to sharing, while the receiver must be equipped to absorb, adapt, and apply the innovation. When done right, technology transfer becomes the bridge that connects sustainable breakthroughs with industry-wide impact. It might sound surreal, but it can be easily achievable if we incorporate technology and IP laws strategically. Even in some parts of the world[8], people are blending IP and sustainable technologies to achieve this new fashion era. Though fewer in number, patented waterless dyeing methods and proprietary recycling technologies to trademarked eco-conscious fashion labels, sustainable fashion technology with its protected rights is rising. IP safeguards creative and technological advancements. Without this protection, there remains a risk of ideas being copied or misused, discouraging innovators from investing in sustainable solutions. Strong IP protection not only rewards creators but also creates a safe space for collaboration and knowledge sharing. This study explores exactly thejuncture where sustainable fashion technologies meet intellectual property law. It highlights how innovation and AI-driven advancements are repositioning the industry’s response to sustainability. It emphasizes how these green technologies are protected through IP rights such as patents, trademarks, and design protections to ensure that creators retain control, recognition, and incentive to keep innovating.
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[6] Naveed, Ayman, Application of IPR to the Indian Fashion Industry and Its Flaws: A Legal Study, Aequitas Victoria, (2024), https://www.aequivic.in/post/application-of-ipr-to-the-indian-fashion-industry-and-its-flaws-a-legal-study
[7] Chhabria, Hansika, The critical role of technology in sustainable fashion, The Times of India, (2023) https://timesofindia.indiatimes.com/blogs/voices/the-critical-role-of-technology-in-sustainable-fashion
[8]Defranc, Nicole, How Is Technology Changing the Sustainable Fashion Industry?,Monterail, (2024),https://www.monterail.com/blog/how-is-technology-changing-sustainable-fashion