Celebrated couturier Rahul Mishra wants to set a precedent with an ongoing design theft case in which he won a favourable ad-interim injunction last month from the Delhi High Court.
Mishra got the ad-interim injunction, or a status-quoist stay order, against multiple parties for unauthorisedly copying and replicating his "Tigress" artistic work and floral motifs from the Sundarbans collection.
As per the Delhi High Court, these imitations not only infringe Rahul Mishra's copyright but also "erode brand exclusivity" and "cause opportunity loss" for the more than 2,000 artisans employed in Rahul Mishra's ateliers across India.
Infringing garments bearing the unauthorised imitations were found to be worn by celebrities such as Kapil Sharma on his comedy show available on Netflix, besides Instagram influencer Orry, and musician Badshah.
"This is not just about our brand. If India is to become a $35 trillion economy by 2047, IP is going to play a crucial role," said Mishra. "To see the next Louis Vuitton or next Apple coming out of India, IP laws have to be seen in a different light like other markets. I think I will have to set aside separate legal budgets besides marketing, and more notices could be on their way. Considering how comprehensive the order is, we are not expecting a backtrack going ahead," Mishra told ET.
With the proliferation of e-commerce, social media, stylists and multi-brand outlets, the menace of fake and duplicate creations is intensifying for designer brands.
Designers are frequently enquiring about registering their designs under the Copyright Act, 1957, and the Designs Act, 2000, to secure protection, said Rahul Chaudhry, managing partner of law firm Rahul Chaudhry & Partners. "We do see greater awareness among fashion designers towards protecting their brands. This awareness is driven by counterfeits, amplified by social media, influencers, trending fast fashion and online platforms, eroding brand exclusivity," said Chaudhry. "Common questions include how to safeguard original artistic works, such as embroidery patterns or motifs, and the implications of Section 15(2) of the Copyright Act."
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Mishra got the ad-interim injunction, or a status-quoist stay order, against multiple parties for unauthorisedly copying and replicating his "Tigress" artistic work and floral motifs from the Sundarbans collection.
As per the Delhi High Court, these imitations not only infringe Rahul Mishra's copyright but also "erode brand exclusivity" and "cause opportunity loss" for the more than 2,000 artisans employed in Rahul Mishra's ateliers across India.
Infringing garments bearing the unauthorised imitations were found to be worn by celebrities such as Kapil Sharma on his comedy show available on Netflix, besides Instagram influencer Orry, and musician Badshah.
"This is not just about our brand. If India is to become a $35 trillion economy by 2047, IP is going to play a crucial role," said Mishra. "To see the next Louis Vuitton or next Apple coming out of India, IP laws have to be seen in a different light like other markets. I think I will have to set aside separate legal budgets besides marketing, and more notices could be on their way. Considering how comprehensive the order is, we are not expecting a backtrack going ahead," Mishra told ET.
With the proliferation of e-commerce, social media, stylists and multi-brand outlets, the menace of fake and duplicate creations is intensifying for designer brands.
Designers are frequently enquiring about registering their designs under the Copyright Act, 1957, and the Designs Act, 2000, to secure protection, said Rahul Chaudhry, managing partner of law firm Rahul Chaudhry & Partners. "We do see greater awareness among fashion designers towards protecting their brands. This awareness is driven by counterfeits, amplified by social media, influencers, trending fast fashion and online platforms, eroding brand exclusivity," said Chaudhry. "Common questions include how to safeguard original artistic works, such as embroidery patterns or motifs, and the implications of Section 15(2) of the Copyright Act."
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