JUDICIAL PRONOUNCEMENTS ON INFRINGEMENT OF COPYRIGHT, TRADEMARK, AND DESIGN IN THE APPAREL AND FASHION INDUSTRIES IN INDIA

Abstract

The apparel and fashion industries in India are rapidly growing, with a unique set of challenges related to the protection of intellectual property rights (IPR), especially in the areas of copyright, trademarks, and design infringement. With the increasing rate of counterfeiting and the ease of copying creative designs, these industries are particularly vulnerable to IPR violations. This paper critically examines judicial pronouncements related to copyright, trademark, and design infringements within the Indian fashion sector, focusing on landmark judgments that have shaped the protection of rights of fashion designers and companies. The study also explores how courts have balanced the interests of original creators and counterfeiters, providing insights into the effectiveness of existing laws and suggesting reforms for stronger IPR protection.