While some might say that imitation is the highest form of flattery, it doesn’t always work that way. Designer Karl Lagerfeld realised that to his expense after being sued by sports shoe brand New Balance for copying their signature sneakers. And our Indian designers too aren’t spared from the curse of the copycat.
Isn’t there a way for designers to safeguard their designs? Srinivas Rao, associate professor at NIFT, who teaches intellectual property rights, says. “To save designs from getting copied, we suggest that people register their designs with the Indian Controller General of Patents and Designs.” The procedure, explains Srinivas, is simple. Designers can send the office a letter with the designs they want to register. They will then receive an acknowledgement letter. The designer can “hold on to the letter for six months” after which, he will have to register his design or it might be copied.
Despite the chance of safeguarding their designs, not many designers go down this route. “The problem here is the short life of a design. A design’s shelf life is around six months, but by the time the formalities to register a design is completed, it takes anywhere from six months to a year. By then the design might not even be in fashion anymore.”
Designer Gaurang Shah, initially would be disappointed when his designs were copied. “I would feel really low. But then I decided to set the bar higher and bring out pieces with greater quality, making it difficult for people to copy,” he says.
He laughs away the idea of patenting his designs. “A friend of mine in Delhi works with Kota weavers. She had patented one of her designs. Despite that, it got copied. She went through the entire legal process, but there was no reprise. No one wants to waste their time in legal issues, especially when we have to compete with creative designers as well as those stealing our designs.”
There are laws to protect, but sometimes, the loopholes make it very difficult to save an artist’s work.
Designer Anand Kabra points out, “There is a law that states that if a design has four to six differences from the original, one can’t sue for copying. But, I guess that’s a work hazard. The only way we can combat this is by creating designs that people will never forget.”
Fashion designers in France have formed a guild with which designers can register their work, thereby saving them from plagiarism. Gaurang, however, doesn’t see much use for such a guild in India. “This guild will only help designers. That means no designer can steal from another. The fact that our designs will get copied by tailors etc. is a risk we’ll always run with.”
