Is Design Law a Fashion Designers Safe Harbour?

Digital era has provided access positively and negatively to us. It has facilitated piracy designers to create piracies effortlessly, while allowing them to monetise it wrongfully through various websites where the customer is none the wiser. In order to counter this, designers in India are getting alert and well equipped with the Intellectual Property rights. 

Very few designers in India are actually utilising the statutory benefits provided by registering their Design under the Designs Act 2000. The law is specifically designed to provide protection to aesthetics, which when utilised carefully is very beneficial to the designers. However, designers like Rohit Bal have opted to protect it under the Copyright Act in India. Is this an ideal solution? 

Copyright Law in India provides a significantly longer protection than Designs Law. However, when a designer protects under it, it ceases as soon as it has been reproduced more than fifty times by an Industrial process under the special provisions of Copyright law in India. The designers ability to profit and share his art to the masses will be limited. On the other hand, if the process of creating the designs involves hand woven methods or any other than Industrial process, then the designer can ideally protect his work and profit it for a longer period of time under the Copyright Law in India. 

In this Industrial age as most of the designs are produced in large scale commercially, in order to curtail the copycat designers in India the designers have to take bolder and stronger steps at the hands of law. It is them who can shape the law, which is originally brought into effect to promote the design element in an article which essentially boils down to a designers work. 

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