Ace designer Rohit Bal has raised the issue of fashion plagiarism time and again in his individual capacity, the latest being a photo-substantiated entry of parasitic wannabes passing off his originals as their own. “Here is another example of blatant plagiarism which has been carrying on for a while. A brand called Asian Couture has been doing this for some time now. The worst part is that they just don’t care,” Bal posted on his Facebook page along with a few photographs comparing his designs with the boutique’s offerings. So we decided to seek solutions from stalwarts in the industry and IPR lawyers about containing this wanton theft of ideas and the way ahead
Dev R Nil, designers
Parallel markets have been blatantly and consciously copying designs that professional designers take ages to develop. Many people say they were ‘inspired’ by something, which is quite possible since we do belong to the creative industry, which involves observing work done by people from all around the world. Hence, it is quite possible for people to end up thinking alike,” shares Dev. However, when you copy in toto, it becomes very obvious. “The imitators just easily lift designs, which have become really accessible to people thanks to social media. Doing so requires talent, which is available in abundance in India,” he adds.
Social media platforms have accidentally boosted plagiarism. It’s easier for people to copy designs that are uploaded in the form of photographs by designers and celebrities. Dev shares, “I’m from Kolkata and I’m aware that the businesses flourishing in Park Street survive on plagiarism. I’m not saying that this problem is limited to India; it exists all over the world. Gucci showcases its idea one day and the next thing you know, Zara’s front window is designed that way.” High-street brands replicate designs as well, and sometimes they do so almost at the same time that the designer has launched a particular line. “They have a very fast manufacturing process and have an assembly line scale. These high brand stores are more accessible to people as well; the designer brand might not be available in a particular country but these high brand stores certainly will,” he adds.
Though there is no way to completely stop plagiarism from happening, it doesn’t mean that one should stop furthering thier own brand and coming up with new ideas. “You can’t stop working because of the fear that your work will be reproduced or copied unjustly. And if you and your company are financially strong, then you could consider copyrighting your design. This would take a lot of time and energy to pursue. It is also a very expensive process. I don’t think most brands or designers can actually afford to do this, other than a few,” shares Dev. However, he strongly believes that one needs to change his/her mindset as there are a lot of brands who consider it a compliment to their production that there are people out there who are copying their work.
Talking about how the industry reacts to plagiarism, Dev feels that everybody reacts in a different manner. However, he does feel that this uproar against plagiarism is only a matter of a few days before everyone becomes comfortable in their own cozy burrow. “Even with regard to what Rohit Bal said, instances like these crop up but are also forgotten soon enough. Some artists upload information on their Facebook page or perhaps give an interview related to it but that’s about it. Also, the relationship between the designer and the clientele is not affected. Our market as fashion designers only extends as far as our clientele. The person who buys a Rohit Bal will always buy a Rohit Bal, even if they do come to know that an unknown third person has made a copy of it. Our clients will always buy the main, original brand, so our business is not affected,” Dev adds.
Omesh Puri, lawyer, lexOrbis, which works in the domain of Intellectual Property
Registration of a design takes about six months. When designers create a template of which 50 pieces are produced and register the design, they are given exclusivity for a period of 15 years. But most high-end designers create less than 50 pieces and for this, even without registering, they have a copyright for the designer’s lifetime plus 60 years.
Talking about the basic mechanism of preventing plagiarism, Puri shares, “If someone has copied a design, then the designer can file a suit in the Delhi High Court. Thereafter, a temporary injunction will be issued within two or three days. Moreover, there are civil and criminal remedies. The police and other enforcement agencies can act against them but for this they need to understand the nuances. They are mostly found to be lacking in the process,” Puri adds.
Shalini James, designer
Since designers create umpteen new designs everyday, Shalini is not sure if it is practical or even possible to take a copyright on each of them. She says, “There is no surefire way of preventing plagiarism in this industry. But with the popularity of social media, even the layman can spot the difference between a copy and an original design. Besides, most designers have a signature style.”
Talking about how parallel markets affect the designer’s market, James shares, “Years of effort, research, talent and money have gone into developing it. It is not easy to copy all of that. So at best a copy will look like a cheap imitation of the original. The fakes don’t affect our business much because our customers can discern the difference.”
Madhu Jain, textile historian and designer
She shares an incident that happened with her 20 years ago. “A Bollywood designer picked up my design from a store and used it to dress up an actress for the cover of Cineplex. And he took credit for my work. However, I talked to a lot of my friends within the industry and I did plan to go to the media too. But I was told that this so-called designer is very close to all the editors, so I let it be. This is not something new that we in the fashion industry are encountering. I am glad that Rohit Bal is raising the issue on a larger scale.”
She also credits the media awareness during fashion shows which prohibits plagiarism from taking place to a certain extent. “Earlier nobody took a stand but now the media is recording all our work, season after season. And that’s proof in the public domain. We spend hours working on our designs. I have been working on a particular design thread for the past three years, travelling all over Samakand, Bukhara and many more places. I travel across India for working on my samplings and I find copies of designs that I worked so hard for. Designers who are pioneers in setting trends should get together and patent all their designs.”Jain is introducing a new textile and is patenting it.
Komal Sood, designer
Sood strongly feels that plagiarism does not refer to deriving inspiration from a piece of work. Rather, it means that you are reproducing it exactly as it is. It is very difficult to have a copyright on the inspiration based on which designers create their work. Sood shares, “I think we should all get together and bring forward the companies or individuals who are directly copying designers and selling their work for a much lower price. There is definitely a need for some sort of government council that will provide licensing services to designers so that our business won’t be affected.”
Plagiarised products have a huge parallel market. Wedding designs are exploited the most by these markets as they are aware that consumers will luxuriously spend on copied products to have the wow factor. “Sometimes chain shop owners watch fashion shows live and recreate the design within days. later, these designs become available to wholesalers in large numbers. This impacts the designer’s market badly as he or she has invested both time and money in creating a single design,” she adds.
Sunil Sethi, president, Fashion Design Council of India
Sethi says that all designers document their creations, sketches and concepts in a very systematic manner. Sethi says, “Personally, I feel that ethics and moral codes are essential. Once they exist, there will be very few cases of plagiarism.” While some people who plagiarise use inspiration as an excuse, Sethi asserts the need to respect the designs of the creators. “Inspiration is fine but the design has to be original. Arbitration is essential whenever cases like these arise. Perhaps the people who are working with these artists and are suspected of leaking the designs should be terminated. However, I understand that everything does not run on ethics. Every designer can’t monitor every student who works with him or her. The designers can’t go to wholesale markets to ensure that the designs are not being copied,” Sethi adds.
He also does not agree with TV producer Ravina Raj Kohli’s argument about how there should be a mechanism of licensing to reproduce the designs just because the original designer items are expensive. “They have created something original and you can't take it away from them. And if people find it expensive, designers like Rohit Bal have tied up with mass retailers like Biba to create pret designs. The designers must be paid for what they are doing. It’s not a charity,” Sethi shares.