Fashion and Intellectual Property 

Have you ever wondered, who owns a design once it hits the market? How you are able to go to your personal tailor and request a lehenga like Deepika Padukone, or what Kareena Kapoor wore in Kabhi Khushi Kabhi Gham? How are these designs, dresses, logos or ideas protected? Are they protected at all? Welcome to the enchanting interactions of fashion and intellectual property! 

 

At Presidency School of Law, Presidency University, law students delve into these very questions through the IP Law Honours Basket—a specialised academic track that examines how intellectual property shapes creative industries like fashion, music, media, and more. 

 

From runway to retail, fashion is more than just clothes. It’s a form of self-expression, of culture, creativity and innovation. The trends in fashion, not only give us a snapshot of a society’s tastes any given point of time, it also tells us a lot about the legal landscape of that time.  

 

The relationship between fashion and intellectual property is a curious one. It shows overlaps between various intellectual property legislations (like Trademark, Copyright and Design). At the same time, it also has pockets and facets which are completely outside the domain of intellectual property protection. 

 

For instance: 

Trademark: It safeguards brand names, logos and distinctive trade dresses. Eg: the red sole of Christian Louboutin heels. 

Copyright: It may apply in certain instances on textile prints, and distinct artistic elements. 

 

Design laws also play a key role in fashion protection. It offers protection for overall shape and aesthetic aspects of the garments. This is where legal education at Presidency School of Law stands out. Through the IP Law Honours Basket, students explore how laws can encourage sustainable fashion, protect creative expression, and even promote circular economies in a climate-conscious world. 

 

Fashion law is a dynamic, multidisciplinary field that connects the law to social justice, innovation, the economy, and culture. It helps aspiring solicitors to interact with real-world creative industries and think beyond the letter of the law. 

 

So, the next time you admire a designer outfit, remember — behind that style is a whole legal structure at work. Fashion isn’t just about what you wear — it’s also about whose expression the outfit is representing. 

 

 

Written by, 

Ms. Apoorv Pragya 

Assistant Professor, PSOL