Analysing the various provisions under the IPR regime in India (IP Law Firms in Delhi ) it is interesting to note that we do have laws which can protect the designs by various designers, however the lack of awareness as well as provisions which are stringent, small scale designers are not able to gain a lot of advantage from the current system. Intellect Juris | Patent Registration in Delhi
1. Registration Process: It is ideal for most of the fashion houses to try and register various aspects of their designs under the Design Act as that is the most convenient and suitable step for industrial level production of goods.
However in India the current process takes a lot of time and requires study and analysis which small design houses are not able to afford. Therefore to protect such small scale production houses we need specific provisions to cater to such instances where there is evident infringement upon the unregistered designs of the artists.
2. Seller Liability: There is no denying the fact that India is home to a majority of the population which is not able to afford most of the designer wear that is produced in the country. But we must have some level of liability attached to practises wherein the hard work poured in by these designers is completely knocked off and counterfeited to be sold in the market.
Such incidents when reported must be addressed by our legal framework more stringently to discourage open sale of pirated products.
3. Geographical Indication Protection: India as a country has a lot of varied styles and existing art forms. Designs are very often inspired out of such regimes. Not only do we need to protect our basic designs but we do also need to generate their protection as Geographical Indications perhaps to attribute credit towards the people who generate these product designs locally and are usually inspired by their culture.
The fashion industry of India has gained tremendous recognition globally in the past few years. It is essential for us to create more awareness amongst the designers about the existing framework to ensure that they are not exploited. Additionally the penalties and the remedies available under the existing law needs urgent revision so as to set a concrete deterring precedent to such incidents of piracy of designs in the country.
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