Fashion Industry is often associated with its modern manifestation by the way of designer apparels showcased on-ramps. However, the fashion industry also includes the traditional fabrics and designs created by the indigenous weavers and knitters and their authentic style of clothing within its purview. These traditional designs are accumulated, nurtured, and bequeathed from one generation to another within the native communities. India being a powerhouse of such traditional fashion designs represents fashion from the Pashmina of Kashmir to the Sanganeri block prints of Rajasthan to the Kasavu saree of Kerala to Shaphee Lanphee shawl of Manipur. These are not only popular in the national markets but also in the international market. Subsequently famous brands and designers  also attempts to incorporate them into their designs

The co-existence of the original and imitation fashion designs, for instance, the original handwoven Banarasi Silk Sarees with intricate designs by the Varanasi artisans and their cheap imitations, made of synthetic silk, sold in the Surat Market poses a major challenge in protecting these traditional designs. The present legal framework fails to effectively protect these time-honoured cultural expressions in the fashion industry.

The traditional fashion art can be protected under Copyright Law when the knowledge and idea are fixed in a material form (“artistic work”). However, copyright laws simultaneously favours the creation of derivative works, which in contrary may lead to misappropriation of these cultural expressions. Further, these works generally belong to a community and so it is difficult to identify a single owner of the work which is required under copyright law. These indigenous designs may be protected under Traditional Knowledge but there are no codified laws to deal with the issue in India. Consequently, the WIPO countries are also negotiating to form an international legal framework to effectively protect the Traditional Knowledge.

The culturally rich fashion apparel of India can also be protected under the Geographical Indications of Goods (Registration and Protection) Act 1999 (referred to as ‘GI Act’ hereinafter). Unlike copyright law, the GI Act provides protection for 10 years with unlimited renewals to the registered GIs and can be owned as collective property. GIs provide an economic boost to the communities, escalates the quality and productivity which acts as a catalyst in the promotion and development of these traditional fashion works.

Nevertheless, protecting traditional fashion under the GI Act is not free from inconsistencies. The registration process is often strenuous, and the act provides no protection against infringement for unregistered GIs (Section 20 of the GI Act). Further, the knowledge and process used to reach the indication is not within the scope of the GI Act. Moreover, India is not a signatory to the Lisbon Agreement on the Protection of Appellations of Origin and Geographical Indications, which exempts it from a single filing system for various countries. This adds to the misery since the cost of filing and renewals in each country are huge. This is further amplified by the lack of awareness about their rights.

India’s accession to the Lisbon Agreement could act as a catalyst in upgrading the law for protecting traditional fashion works under Geographical Indications. The spread of IP awareness among the locals, updating the IP laws, and international recognition to such national IP systems can help to protect India’s traditional fashion. Nonetheless, the best solution, lieu of the above facts would be a custom-made legal framework to effectively protect the traditional fashion assets and the fashion industry at large.