The Untold Story of Design Law
Runway shows are getting busier and much more vibrant. Brands have become far bolder with their products, consumers have become more fashionable, etc. However, behind this glitz and glamour exists a problem for designers: Are they able to protect their work? As the Indian fashion industry continues to grow, many new designers are becoming entrepreneurs within the industry. However, with this new market, designers are faced with significant difficulties related to the protection of their intellectual property rights. Rapidly changing trends accompanied by an influx of new products have resulted in designers creating new methods of protecting their intellectual property rights. The question arises, does the protection afforded to fashion design in India adequately protect it from this market’s potential threats?
Understanding Design Protection in India
Fashion designs in India are protected by the Designs Act of 2000 (Designs Act), which states that any shape, design, arrangement of items, or combination of items is protected under this legislation (Designs Act). Examples of designs included in the Act include:
- Unique garment silhouettes
- Embroidery patterns
- Textile prints
- Surface ornamentations
- Novel cuts or structural elements
The Act applies only if the design is new, original, and unpublished worldwide.
The Biggest Problem: Short Lifespan of Fashion Trends
Fashion is fast. Trends rise and die within weeks. But registering a design under the Act can take months.
By the time a designer gets the registration certificate, the collection may already be outdated. This makes many designers skip the formal registration process entirely, accepting imitation as “part of the game.”
The law, unfortunately, moves slower than fashion.
Design or copyright. A Confusing Overlap
The overlap between copyright and design rights is a major problem in India. The major area of confusion in India about copyright and design rights is that copyright protects artistic works, such as garment sketches. However, when garment sketches become part of a collection that produces more than 50 units, the copyright on the work no longer applies, and the design laws take over. This issue is often referred to as the 50-unit rule. This system presents a difficult situation for designers. On one hand, small designers produce very few garments and therefore have copyright protection on their sketch designs. Conversely, large brands that mass-produce garments do not receive copyright protection for their sketch designs and instead must rely on the design registration system. Therefore, ironically, a designer’s level of protection decreases as success increases. To protect successful designs, designers must register them as early as possible.
Knock-off Culture, a Designer’s Worst Nightmare
No one is safe from knock-off designs. Knock-off designs can be found everywhere, from street boutiques and excess inventories sold at discounts to online stores and platforms.
Why are they everywhere?
- Only designs registered with the appropriate authority(s) can be enforced.
- Enforcement is costly and takes a very long time to resolve.
– When design trends overlap globally, the burden of proof becomes very difficult to establish.
– Design evolution is so rapid that acting through litigation isn’t practical.
As a result, a culture exists in which it is accepted to copy others’ work and creativity, therefore devaluing an individual’s creativity.
Landmark Cases That Shaped Indian Fashion IP
Some important cases highlight how Indian courts handle fashion design disputes:
- Microfibres Inc. v. Girdhar & Co.–
The Delhi High Court in Microfibres Inc. v. Girdhar & Co. (2006 (32) PTC 157 Del) ruled that artistic works applied to upholstery fabrics via industrial processes qualify as designs under the Designs Act, 1911, rather than protected artistic works under the Copyright Act, 1957. Section 15(2) of the Copyright Act ceases copyright protection once such a design is reproduced more than 50 times industrially by the owner or licensee, shifting applicability to design registration. The Division Bench upheld this judgment in 2009 (Regular First Appeal Original Side, decided 28-05-2009), emphasizing that unregistered designs for mass production lose copyright, influencing fashion IP by prioritizing Designs Act protection.
2. Crocs Inc. v. Liberty Shoes Ltd.—
In the Delhi High Court proceedings, the single judge rejected interim injunctions, finding Crocs’clog design prior-published (e.g., on its website), thus invalidating design registration under the Designs Act, 2000, due to lack of novelty. A 2025 Division Bench revived Crocs’ passing-off suits against Liberty and others, criticizing the 2019 dismissal as erroneous but not altering the prior disclosure principle. This reinforces that public disclosure before registration defeats design protection in footwear disputes.
3. Ritu Kumar vs. Biba Apparels –
Ritika Private Ltd. (behind Ritu Kumar) v. Biba Apparels Pvt. Ltd. (MANU/DE/0784/2016, Delhi High Court 2016) applied the microfibers principle, holding that embroidery and print designs reproduced on over 50 garments lost copyright under Section 15(2) of the Copyright Act, entering the public domain without Designs Act registration. Courts turned down claims of infringement because Biba used similar designs in a way that was useful, not just copies of original artwork. This shows how hard it is to prove originality in fashion. This underscores enforcement complexities for unregistered mass-produced patterns.
Are Fashion Designs Really Protected? Reality
The answer is “Yes,” but with limitations. In India, there is protection for designs in law, but:
1) Designs must be registered within a reasonable period.
2) The law provides better protection for stable and repeatable designs than for fast fashion.
3) The costs of enforcement of this protection are very high.
4) Local Indian markets typically do not honor the design rights of other countries.
5) Many designers do not know how to properly register their designs in accordance with the laws of India.
Therefore, design protection exists within the Indian legal framework but still does not provide adequate support and protection for designers.
What Needs to Change? The Future of Fashion IP in India
India requires faster procedures for registering fashion intellectual property so that designers can timely register their seasonal collections. India also needs to implement more robust enforcement policies on online platforms, particularly those marketplace sites that are currently overflowing with replicas of designers’ creations. Additionally, India requires more awareness programs for independent fashion designers, as most young designers do not have a clear understanding or experience with registering an intellectual property application related to their designs. Finally, India requires better protections for digital patterns and textile prints, as these are the least protected and most often copied items. Finally, India must recognize that fashion is an industry that has very real potential for creating jobs and for generating income and revenue, much the same way that the music, software, and film industries generate income and revenue.
Conclusion: Protecting Fashion Is Essential for Protecting Creativity
Fashion is not just about clothes it is art, identity, and economic value.
For India to become a global fashion powerhouse, the law must evolve to protect designers from exploitation and imitation.
Until then, Indian fashion remains caught between innovation and imitation—beautiful, but vulnerable.
-Authored by Bhumika Mukherjee
