Analysis of Knockoff Culture and the need for IP protection in the Fashion Industry in India

The present paper analyzes the role of intellectual property protection vis-à-vis the fashion industry. The Piracy Paradox coined by law professors Kal Raustiala and Christopher Sprigman in the United States has led to imitation becoming an inescapable reality for designers all around the world on the astonishing pretext that is “imitation sparks innovation.” Presenting a critique of the Paradox in the Indian scenario in Part 1 of the paper, the author stresses upon the need for securing proper laws to protect the heart of the fashion industry, that is original artistic expressions. In Part 2 of the paper, whilst examining judicial decisions in India, the author argues that the present laws are riddled with loopholes that have resulted in a proliferation of cheap knock-offs that not only hamper the creative process of a brand, but negatively impact its exclusive reputation as well as its revenue. The infamous idea presented by the Piracy Paradox coupled with a lacunae in the laws have cost not only big fashion brands and designers but also disrupted the emergence of businesses in the nascent stages. To conclude, solutions have been proposed to dismantle the notion propounded by the Piracy Paradox and strengthen the laws in place to ensure fair and just competition in the economy.