Search this article on Google: What are the legal protections for fashion and luxury brands in India against counterfeiting and infringement?
1. Trademark laws – Registering a trademark guarantees exclusive rights to that particular brand. The Trademark Act of 1999 in India protects brand owners against misuse and counterfeiting of their registered brand by others.
2. Copyright laws – This protects artistic works which include designs, layouts and style of your fashion creations. This provides the brand with the exclusive rights to reproduce, create derivative designs and distribute the designs. The Copyright Act of 1957 provides legal protection to original designs.
3. Patent laws – Some fashion brands may be eligible to patent unique features of their designs that involve an innovative step and have an industrial application.
4. Design Act – This allows brands to register an original design that is not previously published in India before its registration. Once a design is registered under the Design Act 2000, it gives the proprietor the copyright in that design for 10 years.
5. Geographical Indication Act – This act provides protection for goods that are identified as originating from a specific geographical location, and that have a special quality, reputation or other characteristic attributable to that location. This could be relevant for certain luxury brands associated with specific regions.
6. Customs Laws – Under the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007, luxury brands can record their intellectual property with customs to prohibit the import of counterfeit goods.
It’s important for brands to understand their legal rights and take necessary action against infringements to protect their reputation and business interests. Brands can seek legal assistance from seasoned lawyers in SimranLaw who specialize in intellectual property rights to efficiently manage these issues.