Abstract
This study delves into the complex intellectual property (IP) landscape in the ever-changing fashion industry, emphasising the protection of designs and the significant obstacles presented by counterfeiting. The fashion business, characterised by its inventiveness and originality, has numerous operational and legal challenges concerning the protection of designs. This research explores how designs can be protected, including trademark, copyright, and design patents, and how effectively they reduce the likelihood of infringement.
In addition, it clarifies the various difficulties that counterfeiting poses to the fashion industry and throws light on this widespread problem. In the section on trademark law, the study examines how brand identities are legally safeguarded, exploring the role of trademarks in distinguishing and protecting fashion brands. The analysis includes new developments in trademark protection, the registration procedure, and enforcement tools.
The copyright law segment examines the protection of unique creative works in the fashion sector. It evaluates the degree to which patterns, designs, and other innovative components may be preserved while accounting for the changing role of fashion as a form of expressive art.
The study focuses on design patent law, which examines the particular legislative measures intended to safeguard the adornment elements of fashion designs. The conclusions drawn from the analysis are meant to be instructive for legislators, industry participants, and attorneys, providing a valuable tool for managing the constantly changing field of intellectual property in the fashion industry with the relevant case laws.
KEYWORDS: Trademark Protection, Copyright, Design Patents, Infringement, etc.