Safeguarding Creativity: Intellectual Property Protection of Fabric Patterns

By Dhruv Mathur and Shivam Malvi

Introduction

The Indian textile industry is one of the largest contributors to the country’s economy, with fabric pattern designs playing a crucial role in distinguishing brands and enhancing consumer appeal. India is the world’s second-largest producer of textiles and garments, and the sixth-largest exporter of textiles spanning apparel, home and technical products. India has a 4% share of the global trade in textiles and apparel, and its industry contributes nearly 2% to the country’s GDP, 10% to industrial production and 8.21% to India’s overall exports. In terms of Global trade, India is the sixth largest exporter of textiles, with a 3.91% share in World Textile exports[1]. Given the commercial significance of fabric patterns, their legal protection is essential to prevent unauthorized copying and imitation.

Fabric patterns are a beautiful tapestry of creativity, reflecting the artistic vision and craftsmanship of designers. From traditional motifs to contemporary designs, fabric patterns play a crucial role in the fashion and textile industry, adding elegance and uniqueness to clothing, home furnishings, and various other products. As these patterns hold immense commercial value, it becomes imperative to protect them from unauthorized copying and imitation. In this article, we delve into the various intellectual property (IP) protection mechanisms available for fabric patterns, empowering designers to safeguard their creative works.

In India, fabric pattern designs can be protected under two primary intellectual property laws:

1. The Designs Act, 2000, which safeguards industrial designs.
2. The Copyright Act, 1957, which protects artistic works.

UNDER DESIGNS ACT, 2000

Fabric patterns may be eligible for design protection under the Design Act, 2000. Design protection safeguards the ornamental aspects of a design and are granted for novel and non-obvious patterns. Unlike copyrights, design require a formal application process with the Indian Patent Office and a substantial examination of the design’s novelty.

Designs provide stronger protection against direct imitation, as they cover the specific design and its visual features. However, the duration of design patent protection is limited, lasting for initial 10 years and another 5 years (upon renewal), from the date of filing the design application.

Few registered design examples are:

Eligibility Criteria for Design Registration

To qualify for protection under the Designs Act, 2000, a fabric pattern must meet the following requirements:

• Originality and Novelty: The design should not have been previously published in India or elsewhere.
• Industrial Applicability: The design should be capable of being applied to an article by an industrial process.
• Visual Appeal: The design should be aesthetic rather than functional.
• Non-Obviousness: It should not be a simple rearrangement of existing designs.

Registration Process for Fabric Patterns

Fabric designers seeking exclusive rights over their patterns must register them under the Designs Act, 2000. The registration process includes:

Rights Conferred by Design Registration

Upon successful registration, the owner of the design gains exclusive rights, including:

SECTION 15 OF THE COPYRIGHT ACT, 1957: OVERLAP BETWEEN COPYRIGHT AND DESIGN LAW

While fabric patterns are artistic works that qualify for copyright protection, Section 15 of the Copyright Act, 1957, introduces an important limitation:

Key Provisions of Section 15

Implications of Section 15 for Fabric Designers

• Small-scale or independent designers can rely on copyright protection if they produce fewer than 50 copies of their fabric pattern.
• Mass manufacturers must register their designs under the Designs Act to prevent unrestricted use by competitors.
• If a designer fails to register their industrially applied pattern, it cannot be enforced under copyright law after 50 reproductions.

Several court decisions have clarified the copyright-design overlap and the applicability of Section 15 to fabric designs.

• MICROFIBRES INC. V. GIRDHAR & CO. (2009)

  
  

• RITIKA PRIVATE LIMITED V. BIBA APPARELS PRIVATE LIMITED (2016)

  

UNDER TRADEMARK ACT, 1999

Although rare, some fabric patterns can obtain trademark protection if they are used as trademarks to identify the source of goods or services. Trademark protection is different from copyright protection, as it focuses on the fabric pattern as a symbol of origin, rather than the creative expression itself.

Trademark protection requires that the fabric pattern is distinctive and not generic or merely descriptive. Unlike copyrights, trademarks need to be actively used in commerce to maintain protection.

A few examples are:

CONCLUSION

The realm of fabric patterns is a realm of creativity and artistry that deserves proper protection. Fabric pattern designers in India must carefully navigate intellectual property laws to protect their creative works. While copyright provides immediate protection, designs intended for large-scale production must be registered under the Designs Act, 2000. Section 15 of the Copyright Act, 1957, ensures that industrial designs do not receive indefinite copyright protection, requiring designers to opt for formal registration. By understanding these legal frameworks and securing proper registration, fabric designers can effectively safeguard their creations and prevent unauthorized commercial exploitation.

[1] https://pib.gov.in/PressReleasePage.aspx?PRID=2089306#:~:text=The%20industry%20contributes%20nearly%202,share%20in%20World%20Textile%20exports