Legal Desire International Journal on Law Vol. 8 ISSN: 2347-3525 94 FASHION INDUSTRY: LAW, AND COMPLIANCE Akshat Tripathi 156 , Disha Pathak 157 , Ishrat Pirani 158 , K. Vennela 159 , Muskaan 160 , Srijaa Grover 161 , Trayaksha Pathak. 162 I. INTRODUCTION Advent of the 19 th century, introduced the concept of fashion designing to the world, with Charles Frederick Worth, the first designer who sew his label into garments and paved way for clothing to divulge from the despair of common grab to a trendy sensation. As the lines between the haute couture and apparel blurred, fashion became something adorned by everyone round the globe. The industry is inclusive of various stakeholders and processes such as designing, manufacturing, distribution, marketing, retailing, advertising, and promotion of all types of apparel. Hence, the term Fashion Industry consists of a myriad of other industries that employs millions of people internationally and is a currently a multi-million-dollar enterprise globally. The rise in technology and the capitalistic approach brought forth competition and development into the field. While the purpose of clothing initially was a need or requirement, eventually fashion was a commercial commodity which was diverse, dynamic, and global. With the designers, designing a product in one country, producing in another, and then selling across the globe, fashion had become a global artefact. Divided into high fashion, and apparel or regular clothing, both created by experts, and then labelled with the mark of the creator, this product was usually available in high end specialised stores with large price tags whereas on the other hand the apparel line was available in the retail stores at lower prices. 156 2nd year BBA LLB(Hons.), Kirit. P. Mehta School of Law, NMIMS,Mumbai. 157 3rd year, B.Com LL.B. (Hons.), UILS, Panjab University, Chandigarh. 158 LLM Constitutional Law, ALS, Amity University, Rajasthan 159 2 nd year, LLB, Bennett University, Greater Noida 160 2 nd Year BBA-LLB (Hons) Bennett University, Greater Noida 161 1st Year BBA-LLB, Vivekananda Institute of Professional Studies (VIPS), Ggsipu. 162 2nd year BBA LLB (Hons) Bennett University, Greater Noida.
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Legal Desire International Journal on Law Vol. 8 ISSN: 2347-3525
Advent of the 19th century, introduced the concept of fashion designing to the world, with Charles
Frederick Worth, the first designer who sew his label into garments and paved way for clothing to
divulge from the despair of common grab to a trendy sensation. As the lines between the haute
couture and apparel blurred, fashion became something adorned by everyone round the globe. The
industry is inclusive of various stakeholders and processes such as designing, manufacturing,
distribution, marketing, retailing, advertising, and promotion of all types of apparel. Hence, the
term Fashion Industry consists of a myriad of other industries that employs millions of people
internationally and is a currently a multi-million-dollar enterprise globally.
The rise in technology and the capitalistic approach brought forth competition and development
into the field. While the purpose of clothing initially was a need or requirement, eventually fashion
was a commercial commodity which was diverse, dynamic, and global. With the designers,
designing a product in one country, producing in another, and then selling across the globe, fashion
had become a global artefact. Divided into high fashion, and apparel or regular clothing, both
created by experts, and then labelled with the mark of the creator, this product was usually
available in high end specialised stores with large price tags whereas on the other hand the apparel
line was available in the retail stores at lower prices.
156 2nd year BBA LLB(Hons.), Kirit. P. Mehta School of Law, NMIMS,Mumbai. 157 3rd year, B.Com LL.B. (Hons.), UILS, Panjab University, Chandigarh. 158 LLM Constitutional Law, ALS, Amity University, Rajasthan 159 2nd year, LLB, Bennett University, Greater Noida 160 2nd Year BBA-LLB (Hons) Bennett University, Greater Noida 161 1st Year BBA-LLB, Vivekananda Institute of Professional Studies (VIPS), Ggsipu. 162 2nd year BBA LLB (Hons) Bennett University, Greater Noida.
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Due to everchanging designs, trends, and customer demand, a designer is always on the go for
changing the current cloth to something more desirable, and due to this there is always a risk of
imitation. A big fear for designer houses such as Celine, Gucci, Dior, etc. is duplication of their
designs. Though the customers benefit from the availability of lookalike goods at cheaper prices
but the brand, lose sales of the original designs. The laws to prevent such duplication or passing
off are present, but they are not enough in the current market scenario to efficiently protect such
designs.
Furthermore, the adaptability of the product line, to answer the customer demand, cultural
evolution, and prevailing tastes, all these factors bring about a lot of discord in the balanced cycle
of making clothes. The industry not only is concerned with designs but also what all goes around
in making a complete product, the marketers, photographers, fitting models, and runway models
also have certain rights that require much debate and deliberation. The different pricing styles of
raw material such as textiles, and other raw material which are produced from such material, the
cost of labour in different countries, the line between just producing a cloth, and producing fashion
is very thin therefore it requires constant vigilance, and upgradation.
The paper tries to put on the table the much-discussed topic of uniformity, and strengthening of
laws relating to the fashion industry. Part II, talks about the origin, and development of fashion as
a global industry, part III gives a global perspective, relating to the existing laws , and their
effectiveness in preserving the copyright of designers, and rights of other stakeholders, part IV
gives the Indian perspective of the fashion industry, and part V comparatively analyses the legal
framework between India, U.K., and the U.S.A. for substantiating the paper a survey is provided
in part VI , and lastly part VII stress on the need of definite laws and regulation so as achieve the
purpose of this paper.
II. HISTORICAL BACKGROUND
Fashion has always occupied an important place and marked its role across the societies over
centuries. In the early days, Romans, and Egyptians took great interest in their appearance, and
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spend a lot of effort, and currency on fashion, and style as a particular type of clothing showed
status.163 Fashion has been a major subject of all legal rules, and regulations.
In 2004, a group of French lawyers published “Droit du Luxe” in a legal magazine, which translates
to law of luxury goods.164 In 2006, a professor Susan Scafidi started the first course in Fashion
Law at Fordham Law School.165 The world’s first academic centre, the Fashion Law Institute was
launched in 2010.166 A fashion law committee was established by the New York City Bar
Association.
Fashion is an art, and is part of our everyday life but still the laws are underdeveloped, and it is
still an upcoming field. Fashion lawyers assist their clients on legal issues confronting the style,
material, clothing, extravagance, and thus involve security, manageability, and consumer
protection issues. In a case of Adidas America Inc V Skechers USA Inc in the year,2018, there was
Infringement of adidas three-stripe trademark.167
In the present scenario in India, there is no such independent rule or regulation for fashion law.
Fashion is treated under the applicability of the Copyright Act,1957, and The Designs Act, 2000.
In 2017, Rohit Bal became the first Indian designer to get copyright over his entire collection, and
the spree was followed by a number of designers.168 India needs to be quick in its approach for
introduction, implementation, and execution of the laws related to fashion, being one of the
greatest democracies in the world, and underset, and that Fashion Law needs to be treated as a
separate law, and not under any other law. Even though it is an emerging field, loopholes, and
mishaps were bound to happen These loopholes need to be taken into consideration, while we look
back on the historical background.
163 History of Fashion, Sew Guide (7th Jan, 5 P.M.) https://sewguide.com/evolution-of-history-of-fashion/. 164 Fashion, and Design law, Legadroit, (7th Jan, 6 P.M.),https://legadroit.com/juridique/droit-de-la-propriete-
intellectuelle/le-droit-de-la-mode-et-du-design/. 165 Susan Scafidi, Fashion, and Design Law, Fordham, (7th Jan, 6:30 P.M.,)
https://www.fordham.edu/info/23380/susan_scafidi. 166 About the institute, Fashion Law Institute, (7th Jan, 7 P.M.), https://fashionlawinstitute.com/about/about-the-
institute. 167 Fashion Law, and its scope, Legal services India, (7th Jan, 7 P.M.),
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government urged the fashion retailers to contribute towards the Corporate Social Responsibility,
and work towards achieving sustainable goals.171
C. Rights of models, and Gender Inclusivity
Since times, fashion was considered to be viewed from the definitive visions, and archaic notions.
Fashion has always tried to portray the sentiments of the public, and sometimes brings afresh the
new idea of the new generation. Earlier fashion houses were only limited to the female models,
and preset set, innards of beauty. Plus-size models, male, and LGBTQ+ models are only now
considered to be the fashion icons too.
As an initiative to be more inclusive, and diverse in the fashion industry, British Fashion Council
set up its Diverse & Inclusion Steering Committee. One of its primary aim was to hear the diverse,
and often unrepresented voices and focus on the impact of black culture, and other ethnic or
minority communities’ industries on the British fashion industry. Since then, there have been
collaborations with Black, Asian, and Minority Ethnic fashion communities to fight against the
apparent discrimination in the industry.172
D. Labor Rights (Trade Unions, and more)
Apart from the equality in the profession, there has been a lot of deliberation on the labor rights of
the workers in the fashion industry It involves the labor in the fashion retail markets, and factories.
The UK government has recognized such roles, and therefore in many of their reports, and
examinations of the top retailers of the country, they asked about the steps taken in their business
houses to ensure whether the trade unions are guaranteed the aforesaid freedom or not. It shed light
on the fact that the top retailers in the market were actually not adhering to the “freedom of forming
trade union associations” of the labor. The Modern Slavery Act, 2015 passed in the UK Parliament
was to ensure increased labor rights, and for the prevention of human trafficking. However, in a
detailed report on “Fixing Fashion”, it was observed that the said Act should be further
strengthened to include due diligence by the Companies ensuring human rights. It also said that
171 Interim Report on the Sustainability of the Fashion Industry - Environmental Audit Committee - House of
Commons (parliament.uk) visited on 7th Jan, 2020, 05:56 P.M. 172 Diversity & Inclusion, British Fashion Council British Fashion Council - Diversity & Inclusion, visited on 7th
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Publics Accounts Committee (PAC) had raised concerns over the fact that there is less monitoring
by the government over the compliance with the procedure by the industries.
In regards to the above concerns, Fashion Revolution had recommended suggestions to the Slavery
Act, that there shall be more transparency in the procedure, and comparable set, innards
throughout, which shall be easily searchable on the public database. the companies which fail to
adhere to such set, innards shall be liable for the offences, and the penalties.173
E. Emergence of new Era: IP, and Technology amidst Corona
In the unprecedented times of pandemic, the fashion industry was probably the worst hit. The
lockdown had sent the fashion industry into huge losses, as Caroline Rush, CEO of the British
Fashion Council observed that “without any sort of government intervention, a whole generation
of creative business would be wiped out.”
Last few years has witnessed the emergence of unexplored fields for the fashion Industry, and
prime focus was the Intellectual Property, and subsequent rights related to it.
The term “Fast Fashion” is now in vogue more than ever. Cambridge Dictionary defines it as
“clothes that are made, and sold cheaply, so that people can buy new clothes often”174. This means
that the new trend is that luxury is available in every household, and should reach as far as possible.
But it had also fuelled a new debate regarding the rights of the designers, as in this new trend,
some mal practices like “copying the design without due permission”, and “replicating, and selling
the original designs at lower rates” are bound to increase. Especially during the p, endemic, when
everything has gone digital it is raising more concerns (cyber theft of designs).
The IP rights are protected under the Registered Designs Act, 1949; Copyrights, Patents, and
Designs Act (CPDA), 1988, and Intellectual Property Rights, 2014. S.213(2) of the CPDA has
defined design in a robust manner.175 However, as observed by the WIPO, the UK law has to be
briefer about their definitions, and more inclusive about the types designs which are included in
173 House of Commons, Environmental Audit Committee, Fixing Fashion: Clothing Consumption, and
Sustainability, Sixteenth Report of Session 2017-19, (19th Feb, 2019), HC 1952 Sustainability of the fashion
industry (parliament.uk), visited on 7th Jan, 2021, 02:52 P.M. 174 Fast Fashion, Cambridge Dictionary, FAST FASHION | meaning in the Cambridge English Dictionary, visited
on 7th Jan, 2020, 03:44 P.M. 175 213. Design Right (2) In this Part “design” means the design of F1... the shape or configuration (whether internal
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13 years old, and did not work as a model 180 days before the event, the promoting entity only
needs to communicate the participation of the child to the CPCJ. Although Labour laws provide
dispositions to protect models, Labour law is not conceived to take into account all the particular
aspects of modeling work such as the modelling agency’s need for transparent accounting
practices. Moreover, some public entities are not able to track down all type of abuse. For example,
moral or sexual harassment as well as discrimination are often difficult to prove. Thus, it is
important to create more non-profit Labour organizations.
G. Labour Codes 2020, and Fashion Industry workers
● What are Labour codes about?
With the recent amalgamation of various Labour laws into the 3 Labour codes namely The Code
on Social Security, The Occupational Safety, Health, and Working Conditions Code, and The
Industrial Relations Code, there have been various developments in the various sectors of the
economy.
One of the highlights of these Labour codes was that it recognized the emerging roles, and
occupation types in the various sectors of our economy. It elaborated on the terms “gig workers”,
“platform workers”, which were not defined in a robust manner earlier.
To define in a layman language “gig workers” may include freelancers, platform workers, and
usually those jobs which do not come under the ambit of the traditional “employer-employee”
meaning. The gig workers maybe hired on a contractual basis, and these codes recognized the need
for defining such terms, and various benefits, and basic rights that should be granted to them.
● Relevance in the fashion industry
Fashion Industry is one of the emerging sectors of our economy, with workforce sector exploring
new avenues alongside. Gig workers in the fashion industry remains relevant especially during the
pandemic. Fashion bloggers, journalists etc. are often termed as gig workers, and freelancing
especially, grew during recent years, and was blooming during 2020. Roles like that of magazine
editors, bloggers are one of the many facets of the fashion industry. Such new roles, and domains
had to be widely accepted, and should be provided with social security.
● Labour Codes, and Fashion Industry
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Gig worker term has been defined in the Labour Codes, 2020 as “a person who performs work or
participates in a work arrangement, and earns from such activities outside of traditional employer-
employee relationship”189
Now with due consideration of gig workers, freelancers, and other jobs which are outside the
purview of the traditional employee relations, would be benefitting a lot through these codes. The
Code of Social Security 2020 provided for “social security” to the gig workers, and is defined in
the Act as “the measures of protection afforded to employees, unorganised workers, gig workers,
and platform workers to ensure access to health care, and to provide income security, particularly
in cases of old age, unemployment, sickness, invalidity, work injury, maternity or loss of a
breadwinner by means of rights conferred on them, and schemes framed, under this Code”190
Under the Act, the gig workers are provided with the following benefits such as:
1. Life, and Disability cover
2. Accident Insurances
3. Health, and maternity reliefs
4. Old age protection
5. Creche
6. Or any other protection or benefit schemes which may be provided by the government191
While as much such provisions are appreciated by the government, it may also be noted that special
schemes be provided for the LGBTQ+ community, since they are an integral part of the fashion
community, and the society. Paternal leaves, and any such related benefits may be extended to the
male labour of the industry, when required.
● Schemes for the gig workers in the Union Budget of India, 2021
Recently in February 2021, the paper-less budget was announced in the Lok Sabha, and Indian
Finance Minister Ms. Nirmala Sitharaman had emphasized on the regulation of the labour codes,
and talked about the social security net provided to the gig workers under the framed laws, and
that minimum wages would be applicable to all categories of workers. She noted in her speech that
189 Section 1(35), The Code of Social Security, 2020, No. 36, Acts of Parliament, 2020. 190 Section 1(78), The Code of Social Security, 2020, No. 36, Acts of Parliament, 2020 191 Section 114(1), The Code on Social Security, 2020, No. 36, Acts of the Parliament, 2020
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how it would regulate the e-commerce sectors, and would pave more options for outsourcing the
management of such workers.192
Thus, with recent developments in the economy, and labour sector, it can be said as we are
advancing towards recognizing gig workers, and providing more social benefits, it would
strengthen the workforce of the country, and would provide more job opportunities for such
unconventional roles in future.
V. COMPARATIVE ANALYSIS OF LEGAL FRAMEWORKS FROM INDIA, UNITED
KINGDOM, AND THE UNITED STATES OF AMERICA
Bringing any product to the reach of the end users involves a number of activities, starting from
conceptualization, development, manufacturing, distribution, and ending with the sale to the
consumers. Each of these processes is governed by the law of the l, and. This section deals with
the legal frameworks of each of the mentioned countries with respect to the processes involved in
bringing the fashion goods into the commercial market, whether online or offline.
● Law on Contracts
The whole chain of processes involves a number of people; suppliers, sellers, buyers, distributors,
and agents. To effectively deal with each other, at some point or other, they enter into different
contracts. This process attracts the law governing contracts in force in that jurisdiction. Such a law
is applicable to all contracts entered into at every stage whatsoever.
In India, the Indian Contract Act of 1872 is applicable to all agreements, and contracts. It
additionally, deals with performance of the contracted agreements as well as the consequences of
breach, if any. It also governs the principal-agent relationship, i.e., agency in all matters as, and
when applicable. For contracts between supplier/ business owner, and the consumer, a special
legislation known as the Consumer Protection Act protects the interests of the consumers against
192The Economic Times, Budget 2021:India’s Gig Economy Workers to get Social Security for the First Time,
budget 2021: India’s gig economy workers to get social security for the first time - The Economic Times
(indiatimes.com), visited at Mar 03, 2020, 08:30 P.M.
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when they can find the same at a much lesser value? The answer could be a yes or a no. I might
still want to go, and buy the same lehenga from Sabyasachi though the same would be available
in other shops. Some might just get the same one stitched from a local market. All this boils down
to the issue of right or wrong. This is subject to interpretations, and personal opinions. But at the
end of the day, it is undoubtedly stealing someone’s originality. Hence, no amount of guilty
pleasure can be called out as an excuse to imitating or lifting someone’s design. Strict rules are
necessary to curtail such merchandising.
Now that we have discussed the aspect of design, and merchandising, it is important to shed some
light on what products should be sold. When the designer, and the seller are two different parties,
maximum care has to be taken while goods are given to the designers. While IPR protects the
sellers there are limited laws that seek to protect the sellers. Strict laws should be made to protect
the rights of the sellers or intermediate parties.
Online shopping. We come, we see, we buy. Rarely do we check the authenticity of what we buy.
It is difficult to check the originality of online products. Hence, strict laws that are beyond just
‘return, and refund policy’ should be brought in.
Social Media is a new e-commerce platform. With celebrities, and tik-tokers promoting clothing
websites, it is easy to commit fraud. One cannot blame the ones who promote. The exactly is the
issue. Strict laws should be brought in that can regulate such advertising of products, and websites.
Above all, the most important issue is profit maximization. Profits should be maximized to the
ones who deserve it. The best example to mention in this regard is weavers. It is often seen how
the middlemen give them tens or hundreds, and sell them for thousands, and lakhs if the cloth is
hand woven or a specific kind of silk.
All said, and done, where there is a market, there is always scope for fraud, and exploitation. For
this to be minimized, definite laws must be made in the merchandise industry.
● Labour Exploitation
One often stops to think beyond the rights of the buyer, and seller. There is a section that is
completely overlooked. Manufacturing of fashion goods is not considered important by many
while they think of laws in the fashion industry. Labour exploitation is an issue of concern in the
fashion industry. Being an unorganized sector with minimal laws with regards to the working
conditions, and employability, this industry is the hub of labor exploitative practices. With poor
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working conditions, and unrestricted working hours, the workers are extremely exploited, and their
efforts are completely ignored. They are paid peanuts for the kind of work they do. enormous
efforts, and their toil for global fashion brands go unnoticed.
The fashion garment industry is a woman-dominated sector (39.1% of women are directly
employed in the industry, as a proportion of all employees)207 , and there is an irrational
employment rate of child Labour. A survey conducted by the International Labour Organization
shows the estimates of 170 million children around the world engaged in child Labour.208 While
some are forced into working, the rest are left with no other choice owing to their poor family
conditions. In countries with a ban on child Labour, there is a big mafia that illegally sends minors
to other countries for Labour. The issue of illegal immigrants is not unknows. Minors are migrated
to other countries, and they are forced into working in adverse conditions. It is extremely saddening
that there are no sufficient laws to regulate such practices
Growing, harvesting, weaving, yarning, and manufacturing products like cotton; requires intricate
task because of which the manufacturers employ children for their small fingers to pluck cotton
buds, and avoid any damage.
Women are another section of vulnerable people who face oppression. They are made to work for
long hours, and are not on par with their male counterparts. Global fashion brands often turn
towards third world countries since such countries have cheap Labour. With warehouses, and
manufacturing units of global fashion brands in other third world, countries are reflective of this
In South India, recruiters approach parents of young girls in the rural areas, and convince them to
send their daughters to spinning mills by convincing them that they would be paid well, and be
given proper food, and accommodation. In addition to these benefits, they claim to provide
training, and schooling with a huge payment at the end of 3 years. For parents who can hardly give
them a meal once a day this is quite a temptation.209 Though these are false promises they often
trick parents into this.
● Rights of Models:
Following are the major concerns that beg for rights of models in the fashion industry:
207 Jayan Jose Thomas & Chinju Johny ‘Labour Absorption in Indian Manufacturing: The Case of the Garment
Industry”, May 2018. 208 Josephine Moulds ‘Child Labour in the fashion supply chain: Where, why, and what can be done’, The Guardian
(sponsored by UNICEF), Jan 2015. 209 Pauline Overeem & Martje Theuws, Flawed Fabrics: The abuse of girls, and women workers in the South Indian
textile industry’, SOMO & ICN, October 2014.
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▪ The network of human trafficking disguised within some modelling agencies, and scouts;
▪ Fake casting calls;
▪ Invasive backstage photography;
▪ Clicking pictures of models while they change behind the runway shows which end up on
pornographic websites;
▪ Photoshop of their photos without their consent;
▪ Racial discrimination;
▪ Underage models who travel to a foreign country, and work illegally without a proper wage
or knowing exactly what kind of work they are going to do.
The above-mentioned concerns are reflective of violation of both human, and fundamental rights
of the models. The rights as mentioned, and guaranteed in the Universal Declaration of Human
Rights, the Declaration of the Rights of the Child, the Convention on the Rights of the Child, the
European Convention on Human Rights, the European Social Charter or in several Constitutions
are blatantly overlooked in case of models in the fashion industry.
Right to physical, and psychological integrity, the prohibition of discrimination, the right to health,
the right to education, the prohibition of a human being’s exploitation or the right for each person
to control the use of his or her image are some of such rights. Affirmation of such rights is crucial
for the personal development of a model, and is inherent to his/her human dignity.
Every workspace as per the government regulations must have a committee or a cell to address
sexual harassment cases. This basic step is not incorporated in the fashion industry. The reason
could that this is not an organized sector which a definite office, and the crew keeps changing from
project to project. However, this doesn’t stop the fashion houses to have their in-house sexual
harassment redressal cells which overlook the models’ concerns while they undertake a project of
their fashion house. Rarely are the models given proper work conditions unless they are big faces
in the industry. There is a need for definite rules which give basic amenities to models.
While sexual harassment is one major concern, the other is employing underage models. We often
see creative advertisements with minors performing not just simple acts but sometimes the
advertisements go extreme. It does not come as a surprise to see minors drop out of their schools,
and colleges to get into modelling for easy money. At such age, and with desperation to go ahead
as they have left behind their education, they are at a vulnerable position both in terms of sexual
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exploitation, and in terms of making them do almost everything, and anything a designer, and a
photographer wishes.
As per several national legislations, the work of an underage model is subjected to authorization.
For instance, The New York Labour law states that a minor begins work, they should have a Child
Performer Permit, issued by the Department of Labour, which would be valid only for a year, and
in addition to this, the modelling agency or fashion house must have a Certificate of Eligibility,
valid for a minimum of 3 years, to be able to hire an underage model.
In Portugal, the modelling agency or the fashion house which organizes the runway show or the
photoshoot must require an authorization from the ‘Commission for the Protection of Children,
and Young People’ to be able to hire underage models. In case it is single participation on a runway
show or photoshoot, that happens within 24 hours with a child who is at least 13 years old, and has
never worked as a model 180 days before the event, the casting agency or fashion house must
communicate the participation of the child to the committee.
In most of the countries with a huge fashion industry like India, there is no such legislation to
protect the rights of minors, and it is high time for that to happen.
In short, the fashion industry must have a strict Code of Ethics which regulate every workspace in
the fashion industry.
● Material, and Technology used in the Garment Industry
With growing technology, there has been a rise in various techniques, and infrastructure used in
the manufacturing of garments. Usage of non-biodegradable material has to be regulated.
Technology that involves the emission of harmful gases should be banned or regulations should
be set up concerning the location of such warehouses, and safety precautions of the workers.
Another major concern is using animal skins as the garment material. With days of global
warming, and other issues, animals are already at risk. Some endangered species are as well killed
in the garment industry. Crocodile skin, and leather are the widely used animal products. There
are many other animal skins, and fluids used to make garments. This is violative of animal rights,
and must be regulated at the earliest.
VIII. CONCLUSION
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The currently present laws which address to the fashion industry are limited, and inadequate. The
industry needs to amend them so as to protect the rights of both buyers, and the seller. Trademark,
patent, and copyright law today provide designers with patchwork protections that ultimately serve
to only protect a portion of their designs.210 Though there are laws that govern the copyright issues,
there is a lack of exclusivity of laws which operate only in the fashion industry. What’s on paper
is tough to implement in this industry which begs for the need for definite rules, and regulations
that encompass all the spheres of the fashion industry. This type of environment breeds a
marketplace of knockoff designs where the first to market reaps the benefits of another designer’s
creative efforts.211
More focus has to be given on the fashion merchandising industry which is often overlooked other
than that, Labour exploitation in the fashion industry is a known fact which needs immediate
attention, Child labour, workspace discrimination on grounds of sex, race, and nationality are some
of the forms of labour exploitation. There must be a check on the kind of synthetics a fashion house
uses, and regulations must be placed to check the use of animal skins, and other forms of
manufacturing practices which emit harmful gases, and take a toll on the environment. The usages
of such products thereby leave an impact on the environment, and the natural animal habitat. Rights
of models must be protected by recognising their basic human, and fundamental rights.
The laws available are the copyright act, trademark act, designs act, and the patent act are not
enough since fashion law is an emerging field. A pertinently urgent need for excessive study in
the field is required so that the rules, and regulations framed can pe perfected. More stringent laws
are needed to promote the fashion industry in India to improve the economy of the country, and
develop the image of the Indian fashion industry not only on a national but also international
platform.
The advent of the niche practice area for fashion law demonstrates the value of fashion design in
the economy, and the complexities of intellectual property protections, which require specialized
knowledge to effectively protect, and enforce designers’ rights.212 The current laws need to be
210 CRAIG ALLEN NARD ET AL., THE LAW OF INTELLECTUAL PROPERTY 2 (4th ed. 2014). 211 See Helena Pike, The Copycat Economy, BUS. OF FASHION (Mar. 14, 2016, 5:30 AM),