India as a country has seen a tremendous influx of fashion brands gaining recognition in the recent times as the purchasing power of this consumer driven economy has increased. This has inspired many small scale and local designers to en-cash upon their designs and generate revenue through creation of exclusive products for their target consumers.

However a parallel economy of imitated and copied products has developed at the same time, considering that designer wear is not very easily accessible to everyone in the market. In addition to that it is also very commonly seen that big fashion houses have taken hold of designs of upcoming designers without credit by taking up undue advantage of the vague laws as well as lack of awareness that exist in terms of the intellectual property rights that are attached to the fashion industry in India.

The current Indian legal framework even though inadequate, allows the existing or upcoming designers to protect their designs and at the same time gain injunction and compensation in terms of any reported infringement. This paper will discuss about the various IPR laws which can allow proper protection of the fashion designs, while discussing a few landmark judgments which have set concrete precedents upon the various IPR rights available. The paper would be concluded with a few suggestions in the existing laws which will further the interests of the designers and consumers alike.

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