MODULE 1: INTRODUCTION TO FASHION LAW
• WHAT IS FASHION LAW
Fashion law, as can otherwise be referred to as the apparel law, is indeed an
emerging arena of legal specialty, encompassing the legal issues with regard to
all the whereabouts of a garment. Right from the conception of the idea to
formulate or design a particular garment, say on paper representation, to getting
it stitched into clothing materials, styling and publishing it, to obtaining brand
protection on it, legal assistance is needful at every step-in order to ensure
smooth flow of the work and avoid undesirable complications for the future.
It is the Fashion lawyers, who’d advise their clients on the legal issues with
regard to the fashion, apparel, textile, luxury, footwear, jewellery, and the
cosmetics industries, in respect of licensing, merchandising, distribution
and franchising agreements to intellectual property rights, market regulation,
employment and labour relation issues.
There is an eminent and unavoidable need to ensure safety, sustainability and
consumer protection. Moreover, various aspects of corporate, tax, real estate,
labour, industry and business law will also be involved apparently.
• HISTORY OF FASHION LAW
Fashion is not just about following or setting trends of clothing and other
apparels, but much more than such apparent wide notions. Your Fashion is your
statement to the society, your identification, essence of your personality and an
impression of the preferences and choices you make. The choice of style of
clothing one prefers is a silent but loud statement to the whole world outside
regarding how the individual or the group is intending to project themselves.
In India, Gandhi suggested wearing and using ‘khadi’ and boycotting the
machine made clothes as a strong sign of independence and rebellion towards
the colonial rule. Since ‘khadi’ was manually spun and manufactured by the
Indians themselves, the usage and having apparels made of khadi instead of
those manufactured by the British-run companies is a classic example of
statement made through fashion. Similarly, another trend was followed in the
French revolution with regard to wearing full length trousers as a participant of
the Jackobin’s club that stood for equality and justice, by breaking the class-
wise regime of sans-culottes. Further, one cannot ignore the rigid rules of
mandatory corsets to be worn by the ancient British, American and European
royalties which was in fact very difficult for the women to put a revolutionary to
its mandate, as a sign of freedom of being themselves and uniqueness.
Thus, apparels do and have always been a great determinant to the society and
their perceptions. The law, order and administration of every state in the world
and even internationally, by the UN and other organisations have always
prioritised the societal wants and needs. Clothing is one of the major
determining factor in the social life of humans and thus cannot be over looked.
Since a long time in history, fashion and apparels have been subjected to legal
regulation throughout. Initially, sumptuary laws limited people as per
establishing who can wear which certain garment. Also, there were trade
restrictions and very less and varied norms of IP protection provided to this
• EVOLUTION OF FASHION LAW
The term ‘fashion’, besides being a mere feminine attribute of being in
conformity with the recent trends and styles, deserves to be acknowledged with
a further leap of understanding. Fashion plays a great role in formulating
people’s perceptions, clothing trends set the vitals of societal factors and mark
the evolution of the society. Precepts of the stripped long trousers instead of the
caste-classified sans-culottes as a trend for demand of equality in the French
revolution, doing away with the mandate to have a fixed body posture through
rigid corsets by various royal culture around the world, and even the Indian
statement of Independence by wearing only nationally manufactured khadi, are
typical examples of precedents where fashion and the apparel trends have
played a very crucial role in upliftment of the society and laying down an
apparent need for change towards the betterment and growth.
Fashion generates and influences cultural perception and is one of the factors in
social and interpersonal relations and thus needs to be regulated and safeguard
by the laws and legal spears as being a concept of eminent determiner of society
and thus very sensitive to any sociological changes.
• RECENT TRENDS IN FASHION LAW
The concept of fashion law has made a distinct position of its own in the
commercial, legal and fashion industry today. It realises the significance of the
foreseeability to potential legal complexities and issues with regard to the works
and urges the stakeholders to have a cautious and actively responsible approach
towards it by ensuring to address these issues beforehand.
Today, the designers can take copyright on their works and shows/
presentations. Their creativity and hard work is being recognised and given a
platform to be acknowledged and promoted.
The recent trends prevalent in the online fashion industry
ASCENT OF CONTENT-BASED COMMERCE
Brands have understood the intensity of web-based social networking and are
progressively utilizing these stages that help associations among clients,
energize their commitment and give support from influencers. High
commitment buy classes have discovered more grounded legitimacy in social
business as it complements trust, referrals and associates with a relatable
INDIAN LANGUAGE INTERNET USERS TO DRIVE NEXT WAVE OF
India is relied upon to see a four-overlay development in the quantity of Indian
dialect e-following clients between 2016 (42 million) and 2021 (165 million).
By 2021, the quantity of Hindi web clients is required to be more than English
E-posteriors could understand their next enormous development wave by
focusing on these vernacular dialect web clients by making neighborhood
content and drawing in with them in their preferred dialect.
RISE OF ASSISTED COMMERCE
Plans of action that use the current physical retail system of nearby dealers or
kiraana stores have risen to enter the 67 percent of populace that is either not
associated with the web, or have no way to get to optimistic items that don't
contact them because of calculated difficulties. Both customary and web
organizations can receive such procedures to take advantage of the less-
infiltrated markets of today, and bolt these potential shoppers to their brand(s)
OMNI-CHANNEL FOR BALANCING CONSUMERS' EXPECTATIONS
While online stages permit accommodation, data and collection, conventional
retail permits contact and-believe and solace of vis-à-vis communication with
brand or store agent.
Be that as it may, brands — both online business and conventional – have
understood the intensity of coordinating the two channels. Omni-channel is
currently seen as the way to win purchasers, as well as the way to higher
ADVANCING FASHION TRENDS OF INDIAN CONSUMERS
The fashion range in India is advancing where the rich needs the most recent to
stay aware of form patterns, and the majority search for more optimistic items
that offers an incentive for cash.
Besides, the developing affinity of Indian purchasers towards quick form is
enabling the brands and retailers to offer their items all year.
Thirdly, custom-fit attire have started picking up ubiquity once more, and
premium brands are focusing on specialty clients with both made-to-gauge and
bespoke fit contributions.
SMALL SCALE TARGETING BY BRANDS THROUGH ONLINE-ONLY
Conventional physical brands are embracing advanced channels for drawing in
with and pitching to Indian customers while protecting their focused situating.