Published Paper Details:

Design piracy in the fashion industry, a prevalent and growing concern, poses significant monetary challenges to both designers and the broader economy. This paper delves into the intricate relationship between intellectual property laws and the fashion market, particularly focusing on the convergence of section 15 of the Copyright Act, 1957, and Section 2 (c) of the Designs Act, 2000, in the context of design piracy. The study examines the legal framework surrounding fashion designs, exploring the ambiguities and overlaps between copyright and design rights, and their implications on piracy related monetary losses. By analysing case laws, this research sheds light on the challenges faced by designers due to the inadequacy of existing legal provisions. It investigates how the lack of clear demarcation between artistic expression and functional aspects of fashion designs hampers the effective protection. Consequently, this ambiguity not only hinders innovation but also leads to economic repercussions, impacting designer's revenues, investments, and overall market competition. Additionally, this paper proposes potential solutions and recommendations for addressing design piracy. These recommendations aim to foster a more conducive environment for innovation, creativity, and economic growth within the fashion industry. In summary, this research provides valuable insights into the monetary impact of design piracy in the fashion industry, offering a comprehensive analysis of the legal challenges posed by the intersection of section 15 of the Copyright Act, 1957, and Section 2 (c) of the Designs Act, 2000. By bridging the gap between legal theory and practical implications, this study contributes to the ongoing discourse on intellectual property rights in the context of fashion, ultimately fostering a more secure and thriving environment for designers and stakeholders in the industry.