How concerned are you about copyright over your creations and the problem of piracy?
Shilpa Agarwalla: We are very much concerned about the issue of copyright and IPR at large. While as a business, we own overall trademark as well copyright for our creations, I am appalled at the blatant imitations by many players in the fashion industry. I would not like to quote any specific instance, but if you look up the web for our designs as well as those of any leading designers, you will find copycats all over the web, and even offline in fashion streets across India.
Sandeep Gonsalves: When it comes to garments, copyrights over the creations are a little difficult to control. Even if it is replicated, there is something that makes an original differ from a fake. It can easily be identified and hence there is not much of a problem. However, these days in the industry, a lot of garments are being replicated by tailors which is disrespectful to the designer. Art is an illustration of someone’s creativity, and I personally feel no designer’s effort should be ripped apart by re-creating something as an alternative.
Saggar Mehra: We are extremely concerned, and therefore we take precautions at our end to fully protect our designs. We try to restrict access in design and development stages. The designer and the creative director are the only ones allowed access in the designing stage. IPR is a burning topic; there are frequent incidents when the designs have been copied without permission. So, to maintain uniqueness, we try to develop a bond with customers through being novel and non-obvious with our designs. And this is what sets us apart from the competition. For the same reason, working on piracy becomes a priority.
Ravi Bhalotia: We are delving in a world which is full of adulterated things. From what you consume to what you wear, what purity is left? The question is: are we as consumers aware? In some places, we aren’t. Consumers don’t mind the bargain. “First copies” as you call them are overflowing in the market. The consumers are happily purchasing them as they get their hands on a limited edition at a much lower price. The textiles industry is huge. Different designers have different target segments; often, the remaining segments of buyers do not splurge a large amount of money on designer pieces. Hence, most consumers consider it as an “homage” than a violation and make purchases. Because there exists a market which is ready to purchase these first copies, do these violations happen and are overlooked at most times.
Ruchi Roongta and Rashi Agarwal: We at Ruceru aim at making unique pieces with a lot of detailing in cut and embroidery. Hence, we have built our brand with utmost customer satisfaction in high quality product, finish and service. Our designs have always been open to being copied and we have time and again come across cheaper copies at an event or exhibition. It does affect us, but we are sure that our clientele continue to drop as our products are par excellence in finish and fit.
What measures are you taking to retain IPR control over your creations?
Anvita Jain: We copyright our designs, and patent some techniques of designing. While patenting is related to innovation, it’s copyright that works the best for most designers. Apart from that, proper labeling within the garment helps in maintaining its unique identity.
Sandeep Gonsalves: It is difficult to gain control over a creation as people tend to reproduce the garment. The fabrics and embroidery do differ from the work done on a replicated piece. The whole creation does involve a lot of precision and intricate work; hence, it is difficult to replicate it as it is. However, there have been some cases of replication of our work, but it is difficult to ensure control over creations in such a huge market. There is an in-house team in place to check for copies and a legal team in place too to take action if necessary.
Saggar Mehra: It takes a lot of effort to come up with something creative, especially in the era of tremendous competition. Once I was erratically wandering on the streets of Lajpat Nagar, when I bumped into a design at this local store. Just to get a better view of it, I examined the product, the design. I found that that it had been copied, but what they couldn’t reproduce was the quality of fabric, the finesse and the overall look. It was kind of disturbing to see it. It’s not just one local market; even Connaught Place, Palika Bazaar and Chandni Chowk are hubs for fakes.
In a globalised world, how does one ensure IPR control in the fashion industry?
Shilpa Agarwalla: We own our trademark and copyright for our individual designs. As an internal design philosophy, we foster an environment of fundamental innovation. Therefore, we don't typically hire people who have worked with other players, but freshers. IPR is a tough nut to crack, especially in the context of our industry. I am sure legal experts are working on solving the issue, but I feel that this is more of a behavioural issue that needs every person in the industry to change.
Sandeep Gonsalves: With technology, it has become easier to ensure IPR. However, design is something that cannot be fully controlled. There are always people who try to replicate designs. With the rise of social media, there are major challenges in controlling designs. The challenge in the future is definitely also about controlling fast fashion from replicating design elements.
Saggar Mehra: Although it’s challenging to really differentiate between what’s gold and what’s just gold-plated, a person who has the eye for fashion and understands fabrics can always make out by analysing the product/outfit through its touch and feel. What makes a luxury brand different is the quality of fabrics, the detailing and the overall finesse, apart from the unique and novel design.
Ravi Bhalotia: Designers invest in creating and marketing their designs; hence, protecting them also becomes a priority. Something as abstract as design which has various forms and elements and any element can be picked and made into a different creation altogether. A Lehenga with mirror-embroidered border can be remade into a different lehenga altogether by adding mirror work to a wider border or adding prints to the lehenga. In such cases, one cannot call it violation of IPR. However, one can patent the different embroidery technique that was applied on the mirror work. A technique which needs innovative machinery or the skill developed by the designer.
Ruchi Roongta and Rashi Agarwal: The industry is growing, and with that come the pros and cons. The growth of computer-aided construction will surely help in more technical cuts. However, with the boom in social media, every designer’s latest creation is easily available at our fingertips. The challenge is to strive and keep a strong brand profile, and stick to the core of the design philosophy.
What challenges does the fashion industry face in terms of IPR?
Kiran Desai: The most common challenge faced in the fashion industry at large relates to infringement of IPR which includes unauthorised copying of designs, art works, names and logos. When tackling IPR Infringement, one must:
- Be aware of one’s rights: Designers should be aware of their rights under various laws in force in India. Various components of a designer’s work are protectable under various laws, for example, artistic works under the Copyright Act, 1957, names and logos under the Trade Marks Act, 1999 or designs under the Designs Act, 2000 as the case may be.
- Secure your rights: It is advisable to maintain proper records in relation to the creation of works and designs and enter into appropriate agreements with the vendors/employees to secure the chain of title in relation to the various works and designs being created. In addition to this one must file relevant applications for registration of IPR in a timely manner.
- Take prompt action: Designers should not hesitate to take steps to stop a violation of IPR. There are several effective remedies available in law.
Do you think Indian copyright laws are enough in their precision/implementation?
Kiran Desai: Yes, the laws governing IPR in India are more than adequate. The problem today is not the lack of effective regulation, but rather the lack of awareness amongst IPR owners at large compounded with hesitance to take effective legal and technological measures to prevent and control infringement. In fact, with the advent of the Commercial Courts Act, 2015, it has become both time and cost-effective for the litigants to enforce their rights in court.
In a world that is increasingly globalised, how does one track IPR violations, and how does one tackle them, especially when violations happen across borders?
Kiran Desai: A practical and cost-effective method available to the right holders are the remedies under the US Digital Millennium Copyright Act (DMCA). Through the website www.dmca.com, IPR owners can take down content which infringes their content for a nominal fee. Further Google, Facebook, Twitter and Amazon amongst other internet based companies provide remedial measures for IPR owners to protect their exclusive IPR rights.
As told to Subir Ghosh
