Fashion Law in India: Protecting Style, Creativity & Business
Sep 25, 2025
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When we think of fashion, the mind goes to runway shows, celebrity looks, or Instagram reels. But behind every outfit, logo, and campaign lies something less glamorous yet essential - The Law.
In India, there isn’t one single “Fashion Law.” Instead, it’s a blend of intellectual property, contract, e-commerce, labour, and consumer laws that together protect designers, brands, influencers, retailers, and even shoppers.
Let’s unpack it in simple, practical terms.
1. Protecting Your Designs & Creativity
A fashion sketch, embroidery pattern, or garment silhouette may look like “just a design” but legally, it’s an intellectual property (IP) asset.
Copyright Act, 1957 protects original artistic works like illustrations, sketches, and surface prints.
Designs Act, 2000 protects applied designs: embroidery, fabric patterns, cuts, or garment shapes, but only if registered.
Why this matters: Without registration, your design can easily be copied by fast-fashion brands or small boutiques. Once registered, you gain the exclusive right to use, sell, or license that design.
Example: If a boutique introduces a unique saree pattern and a large e-commerce seller copies it without permission, the designer can file for infringement under the Designs Act and claim damages.
2. Securing Your Brand Identity
Fashion is as much about a name as it is about clothes. The Trademarks Act, 1999 allows protection for:
● Brand names (Sabyasachi, FabIndia)
● Logos (the Nike “swoosh”)
● Taglines (Because You’re Worth It)
● Even distinctive packaging (Tiffany’s blue box).
Why this matters: Without a trademark, anyone could launch a similar-sounding brand and mislead customers. Once registered, your brand enjoys exclusive legal protection, and you can take down counterfeiters and copycats.
Example: If someone sells handbags under the name Sabyasachii with double “i,” trademark law allows the original brand to stop them from confusing customers.
3. Contracts in the Fashion Industry
The glamour of fashion often hides messy disputes. Most of these can be avoided with proper contracts.
Influencer & Model Agreements: Decide payment timelines, content rights, exclusivity clauses, and how long a brand can use an influencer’s photos.
Designer & Retailer Contracts: Clarify who owns the IP rights, how revenue is shared, and what happens if goods don’t sell.
Why this matters: Many influencers face late or unpaid fees because there was no contract in place. Similarly, designers often lose control of their creations to retailers due to vague terms.
Example: An influencer creates content for a fashion brand. Months later, the brand reused her video without permission. If the contract limited usage rights, she could claim additional payment.
4. The Online Fashion Boom & Legal Risks
With platforms like Myntra, Ajio, Amazon, Instagram Shops, fashion has gone digital. But selling online brings its own legal obligations:
Consumer Protection Act, 2019: Clear refund and return policies are mandatory. Misleading ads can lead to penalties.
IT Rules, 2021: Platforms must have grievance officers and respond to complaints within timelines.
Data Privacy: Collecting customer data (emails, card details) means a duty to keep it secure.
Why this matters: Counterfeit products, fake discounts, or mishandled data can not only anger customers but also bring regulatory action.
Example: A consumer buys what looks like an “Adidas” product on an online store but receives a fake. Under consumer law, they can demand refund and compensation, and the seller could face penalties.
5. Ethical & Sustainable Fashion
Fashion is no longer just about aesthetics, it’s about values. Consumers today ask: Was this sustainably made? Were workers treated fairly?
Labour Laws: Garment workers are entitled to minimum wages, safe working conditions, and timely payments.
Environmental Laws: Regulate textile dyeing, waste management, and use of hazardous chemicals.
Advertising Standards: Prevent brands from making false “eco-friendly” or “organic” claims.
Why this matters: A brand caught in greenwashing or labour exploitation not only risks penalties but also damages its reputation.
Example: A fashion label markets its clothing as “100% sustainable cotton” but cannot prove sourcing. They may face legal action for misleading advertising.
Why Fashion Law Matters to YOU
● Designers → Secure your creativity and prevent plagiarism.
● Brands → Build reputation with legal protection.
● Influencers/Models → Ensure fair contracts and content ownership.
● Consumers → Shop with confidence, knowing your rights are protected.
At Pairvii Legal, we believe fashion is not just about trends, it’s about rights, fairness, and future-proofing creativity. Whether you’re sketching your first design, running an online store, or collaborating with brands, the law is your invisible runway. Walk it wisely.
