Role Of Design Patents In Fashion And Luxury Goods Industries

Authored by: Prerna Bhansali , B.B.A.LL.B, United World School of Law, Karnavati University

Abstract

Fashion is all about creativity and constant evolution, but protecting original designs in such a fast-moving industry is no easy task. This dissertation explores how design patents help safeguard fashion innovations, while also looking at their limitations. With new trends like smart clothing, sustainable fashion, and the rise of artificial intelligence (AI) and blockchain, the landscape of intellectual property (IP) protection is changing rapidly. The study compares how the United States, the European Union, and India approach design patents, revealing key differences in how they are enforced and accessed.

However, securing a design patent isn’t always straightforward. Long approval processes, high costs, and the challenge of taking legal action against counterfeiters and fast fashion brands make it difficult for designers—especially small and independent ones—to protect their work. This research also explores alternative ways to safeguard fashion designs, including trade dress, copyright, and even open-source fashion, offering insights into how designers can balance legal protection with creative freedom.

By comparing fashion patents with those in industries like pharmaceuticals and chemicals—where patent protections are stricter and more structured—this study highlights potential reforms that could improve legal safeguards for fashion designers. Ultimately, the findings emphasize the need for a more flexible and globally consistent approach to IP protection in fashion, ensuring that innovation is both protected and accessible.

Keywords: Fashion Industry, Design Patents, Intellectual Property, Smart Clothing, Sustainable

Fashion, Counterfeiting, Patent Enforcement.

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