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Protecting Fashion or Stifling Innovation

IIPRD

Introduction The Indian fashion market is pegged at an impressive value of $50 billion, out of which 10% consists of international luxury brands. [1] It is here that the distinction between ‘design’ in the Designs Act and ‘artistic work’ in the Copyright Act becomes relevant. Infringement Of IPR – Design or Artistic Work?

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Fashion Copyright and Infringement

IP and Legal Filings

However, even then, the degree of novelty required in work was not so low as to allow everyone to get copyright protection for their artistic work. However, in 2003, with the case of Eastern Book Company v. In the case of Indian Express Newspaper (Bombay) Pvt Ltd v. Copyright Act or Design Act?

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IP infringement in Metaverse

IIPRD

As recently in 2022 Hermès, a fashion house sued Manson an NFT (non-fungible token) creator for trademark infringement who marketed a digital asset called “Metabirkins”, which was a digital copy of a bag created by Hermès, which sold at many high prices. This right is given to literary and artistic work like music, etc.

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