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THE AUTHENTICITY CRISIS: FAST FASHION, AI, AND THE LEGAL LIMITS OF LEGAL PROTECTION IN INDIA

 

                                                                                             -Palak Laddha

 

I.       ABSTRACT

By the time a design is registered in India, fast-fashion giants have already produced and sold millions of counterfeits. In a trend-driven world where everyone is chasing beauty standards set by social media and algorithms, originality is increasingly rare. India's fragmented legal framework for fashion rights must expand its limited scope to protect innovation, ethical practices and cultural identity. As a major player in global fashion, India is facing intense competition from manufacturers to meet the demands of bargain-conscious consumers. Addressing these challenges will require meaningful reforms in intellectual property law, integration of advanced enforcement technologies such as blockchain and AI, and a genuine commitment to sustainable and ethical fashion practices. The European Union offers valuable legal precedents for shaping global fashion law in traceability and anti-counterfeiting. By drawing insights from international frameworks, India has the potential to develop a legal and cultural environment that supports inventive, responsible and globally competitive fashion leadership.

II.     INTRODUCTION

Today, machines can effortlessly recreate countless variations of an original design in a few seconds. Mainstream fashion replication has been normalized, ranging from affordable to expensive. Counterfeits of luxury and high-value brands which serve as “status symbols”, challenge fashion authenticity. The transgression of design rights has blurred the boundaries of originality, which has pushed the new generation deeper into the trap of fast fashion. Fashion has evolved beyond personal expression and now stands as a serious global business. The industry was valued at approximately $1.79 trillion in 2024 owing to evolving needs of self- expression through styling, reflecting sexuality, self-identity and culture. India contributes approximately $101.39 billion to this market and is projected to reach $2 trillion by 2028.[1] As the cycle of consumption continues, the industry booms with a rapid influx of novel designs impacted by shifting moods and regional trends. Due to the rise of fast fashion, the clothing production doubled from 2000 to 2014 while per-capita garment purchases increased by approximately 60 percent.[2] As luxury consumption expands, so does the parallel market of imitations. Protecting originality is no longer merely a legal necessity but a cultural prerequisite to preserve creative identity, ethical practices, and the soul of authentic expression in an era dominated by imitation.

III.   Fashion Intellectual Property Rights in India

IP rights are the ultimate defense against the unjust use of imitation by fast fashion giants and local enterprises. In India, artistic designs aren’t protected under a single law but through a combination of different frameworks. However, these rights protect only specific features of the product.

The Designs Act, 2000[3], inspired by the British model, protects the artistry of the product, specifically the patterns, color composition, and three-dimensional features such as asymmetrical hemlines. Registered designs can be protected for up to 15 years, preventing exact replicas by the retailers.[4] Nevertheless, the registration process itself is a challenging task for independent designers due to high registration costs and time-consuming requirements. This issue inadvertently favors fast-fashion companies, capable of litigating in more than one jurisdiction at a time, over independent designers, creating a disincentive for compliance and a perverse incentive for infringement.

Under the Copyright Act, 1957 [5]original works such as textile prints and fabric designs can be protected. Once an artistic work is applied more than fifty times, it ceases to be recognized as an artistic work under law.[6] The legal provisions restrict protection primarily to fabric and clothing designs, thereby offering minimal safeguards to the designer. The arbitrary numerical threshold reflects an outdated assumption in legislation, which argues that mass production destroys artistic merit and becomes increasingly ludicrous in a time when a limited digital drop can be more culturally significant than mass-produced couture.

Beyond their artistic aspects, brands protect their unique identity and commercial distinctiveness through the Trademarks Act, 1999.[7] A registered trademark propels brands into the market and also makes them attractive to potential customers as a trusted and ethical brand. Furthermore, by utilizing 'trade dress' which helps differentiate products from competitors, including features such as color, shape, size, and texture, the customers become familiar with the visual appearance of the product or packaging material. Certain colors, shapes, or patterns may allow a brand to claim trade dress protection, but distinctiveness is context-dependent. For example, Christian Louboutin SAS v. Mr. Pawan Kumar [8] recognized the brand’s iconic red soles as a protected trade dress, since the specific color and placement had acquired distinctiveness in the minds of consumers.

IV.   The Rise of Dupe Culture

The rise of affordable alternatives and artificial intelligence has overshadowed the idea of innovation, elevating the concept of imitation. ‘Fast fashion’ as the name suggests, describes fashion that moves fast in a number of ways such as the production, the marketing, the distribution and the whole trend itself. The lookalike trend is influencing the whole generation with International giants like Shein (recently valued at $66 billion) copying from independent designers.[9] Over time, the distinction between original and inspired becomes less material to buyers, threatening to undermine the very value proposition that many premium and luxury brands rely on. The goal is not to possess the “original” item, but to copy the look convincingly enough to post, share, or style.

At the 2023 Paris Haute Couture Week, designer Rahul Mishra displayed his collection of  iconic ‘Tigress’ designs and floral motifs inspired by the Sundarbans. These designs were widely circulated in the market and even worn by celebrities like Kapil Sharma and Badshah. The Delhi High Court granted an ad-interim injunction against the infringers, highlighting that unauthorized replicas constitute theft.[10] The case reflects inherent challenges in Indian law, where protracted litigation allows MNCs to profit from imitation while original creators struggle to safeguard the value of their own creations.

It is said that ‘Imitation is the highest form of compliment’. ​​However, bypassing inspiration and simply duplicating someone's original work is plagiarism. The availability of duplicates of luxury brands is increasing in India, a contrast to the luxury brand industry sales growth of 32.8% in FY22.[11] The advent of social media has significantly amplified the culture of knockoffs, with local Instagram boutiques openly advertising clothing styled after ‘Off-White’ or featuring iconic LV logos and monograms.[12]

When it comes to Indian bridal wear, the dupe culture has dominated the Wedding fashion market. Sabyasachi, one of India’s most celebrated designers, has become a victim of mass replication. Lehengas costing lakhs with iconic embroidery and silhouettes are being heavily copied by local boutiques in Delhi and Mumbai, often sold and marketed as “Sabyasachi-style” creations at a fraction of the cost.

While global brands appropriate Indian culture, homegrown brands like Gully Labs are honoring it authentically. This local sneaker brand, trending on social media, is celebrated not just as footwear but as a symbol of identity that stays true to its roots. It is a fine example of a business with a Gen-Z twist, encouraging the youth to embrace our very own “naan and curry” culture.[13] With a current valuation of ₹47.8Cr[14], the brand is well-positioned for significant growth.

V.     Artificial Intelligence as a New Stakeholder in Fashion Rights

It is no secret that generative artificial intelligence is taking the world by storm. While such technology encourages creativity and accessibility, it also accelerates the duplication of original designs. AI challenges fashion rights by rapidly copying, altering, and mass-producing designs, complicating legal protection and swiftly spreading replicas via various platforms. Over the last few years, copyists have reached the masses by popularizing trending outfits, which are transported from the Paris Fashion Week runway to overseas factories and reproduced within hours.[15] 

In reality, designs are often influenced and shaped by the same sources. ‘Inspiration’ or ‘borrowing’ elements from other designs does not necessarily equate to actionable ‘copying’ under the EU and UK copyright regimes.[16] Designers like Collina Strada presented clothing for New York Fashion Week in 2024 using sophisticated computer technology as a vital part of the process to create prints and silhouettes. [17]

Another unsettled issue arises in the context of non-human works. Usually, under UK copyright law, the author of a work is the person who created it, but what happens to authorship when an AI system creates a fashion design? Most nations are reluctant to grant protection to works created by "non-human" creators. If such AI-generated works are not protected, then they may become increasingly vulnerable to copying and damaging brands in the future. AI-generated deep fakes manipulate photos and videos to produce convincing but fabricated content, often with a near-identical duplicate of a specific person or thing.

Brands should be aware of how the AI tool has been trained to gauge the risk of its use. AI companies are using copyrighted content, without permission, to 'train' their AI models and possibly infringing on other third-party rights. It is necessary to know what inputs were used to ‘train’ the AI tool, especially if other copyrightable materials were included in this training. Along with the aesthetic output, the applicable patents should include details on how the AI contributes to the technical function. [18]

VI.   Future Approaches to Fashion Rights in India and Globally

India has rebranded the culture of imitation through normalization of dupes. The US and EU strengthen global fashion governance by swiftly enforcing IP through customs and border protection and educating brands on international conventions like TRIPS, the Paris Convention, and the Madrid Protocol. [19] Europe, as a global pilot, has introduced digital product passports for traceability and anti-counterfeiting with sustainability data to prevent counterfeiting and greenwashing.

In the EU & UK, data collectors and processors must abide by the General Data Protection Regulation (GDPR) if they wish to do business within a covered country. Certain laws require informed consent and a valid purpose for data use, while also giving consumers the right to correct or delete their data.[20] In the fashion IPR sector, such data is frequently utilized for the creation of individual designs, limited-edition releases, or the monitoring of verified products. GDPR compliance ensures consumer privacy and builds confidence in online commerce.

What India needs is to establish a framework that will monitor digital and fast fashion supply chains using Radio-Frequency Identification (RFID), QR codes or blockchain technology for traceability and develop laws for intellectual property to protect contemporary and traditional designs. For instance, QR codes provide low-cost, scalable anti-counterfeit protection suitable for India's mass market. It helps the Brands to gain real-time analytics on consumer scans, inventory, and suspicious activity.

The RFID wireless technology can automatically and unambiguously identify a unique identifier from microelectronic tags without a line of sight that are attached to the objects.[21] Each tag has its own "read only" or "rewrite" internal memory depending on the type and application. A standard configuration of this memory is to hold product information, such as an object's unique ID, manufacturing date, etc. The RFID reader produces magnetic fields that allow the RFID system to find objects (via the tags) that are close to it. The high-frequency electromagnetic energy and query signal produced by the reader is what causes the tags to respond to the query. Therefore, RFID tags can be widely  used to track inventory, prevent theft, or authenticate luxury products.[22]

Similarly blockchain technology can play a highly relevant role in tracking and supply chain management. This technology is decentralized and distributed in a secure ledger, which holds data in blocks. Every transaction is inspected and approved by a peer-to-peer network. After verification, these blocks are linked one after another forming a chain. None of this data is openly available as it is all encrypted and the files cannot be changed, removed or tampered with.[23] Also, a system like digital passport would entail customs, brand registries and consumer awareness, which are probably investments that may outweigh the political will to safeguard an industry that is being protected by cheap imitations that serve the price-sensitive consumers.[24]

Indian Government’s initiatives like MSME Global Mart and Marketing Support (PMS) Scheme help small fashion enterprises adopt technology and grow sustainably with online marketplace.[25] Platforms like Shopify and Open Network for Digital Commerce (ONDC) can elevate brand experience, can build online stores, reach wider markets, and compete creatively without relying on large intermediaries.

By adopting these technologies and schemes, brands and SMEs will have the ability to build a digital trail for every transaction, invoice, and communication in their apparel supply chain. They will be able to trace the origin of a garment not only up to the level of the farm but also through the whole production process.

In addition to IPR, international corporations like Patagonia include labor and environmental standards to assure that brands can demonstrate corporate social responsibility, sustainability, and environmental considerations through Environmental, Social, and Governance metrics (ESG), along with the Sustainable Development Goals (SDGs).[26] The EU Green Claims initiative seeks to reduce greenwashing by requiring evidence to support all environmental claims made in fashion advertisements and clothing labels, supporting honest disclosures of sustainability.[27] 

Moreover, Indian artisans and designers are no longer in the background and are actively demanding acknowledgment and rightful credit for their work. The Prada incident with Kolhapuri chappals, which initially lacked proper attribution, highlights ongoing concerns about economic justice and the cultural respect owed to Indian craftsmanship within global markets.[28] When iconic designs are copied without acknowledgment, it not only deprives local artisans of recognition and livelihood but also raises broader questions about the ethical responsibilities of global fashion houses.

However, using the EU law enforcement mechanisms implies infrastructure that India currently lacks. The core contradiction remains: India wishes to be recognized for globally relevant fashion innovation while also maintaining a domestic market structured around affordable copies. This is a contradiction that is not so easily remedied through legal reform, unless designers also find ways to address the economic conditions that made dupes tolerable for wide-scale participation in fashion culture.

 

VII. CONCLUSION

India’s fashion industry is at a pivotal moment. The expansion of fast fashion, the rise of online platforms, and the introduction of AI-created designs are all factors that jeopardize the originality of the industry, the brand identity of companies, and the rights of designers. What once was considered infringement is now viewed as a smart and strategic business practice. This transformation makes protecting designers’ rights more difficult, highlighting the necessity for systems that support licensing and legitimate partnerships. The situation has been further aggravated by the increased AI-generated designs, underscoring why design rights and their effective enforcement have become indispensable. To address the issues brought by digital and fast fashion, India is required to adopt a multifaceted approach with new-age fashion technology to deal with online piracy and consumer protection rights within the industry. Indian authorities must study the legal frameworks of the EU and UK and adapt them to the rapid changes of the fashion world. By modernizing intellectual property laws, employing technological means for enforcement, and promoting environmentally friendly choices, India can curb counterfeiting and establish itself as a leader in innovat



 


[1]Global Apparel Industry Statistics: Market Size and Trends (2025), UniformMarket (May 23, 2025), https://www.uniformmarket.com/statistics/global-apparel-industry-statistics

[2]Nathalie Remy, Eveline Speelman & Steven Swartz, Style That’s Sustainable: A New Fast-Fashion Formula, McKinsey (Oct. 20, 2016), https://www.mckinsey.com/capabilities/sustainability/our-insights/style-thats-sustainable-a-new-fast-fashion-formula

[3]Designs Act, 2000, No. 16, Acts of Parliament, 2000 (India).

[4]Designs Act, 2000, § 11, No. 16, Acts of Parliament, 2000 (India).

[5]Copyright Act, 1957, § 13, No. 14, Acts of Parliament, 1957 (India).

[6]Copyright Act, 1957, § 15, No. 14, Acts of Parliament, 1957 (India)

[7]The Trade Marks Act, 1999, No. 47, Acts of Parliament, 1999 (India).

[8]Christian Louboutin SAS v. Mr. Pawan Kumar, 2017 SCC OnLine Del 12173.

[9] Nisha Purushan, When Fashion Moves Too Fast: Impact on IP Protection of the Fashion Industry, IP & Legal Filings (June 12, 2025), https://www.ipandlegalfilings.com/when-fashion-moves-too-fast-impact-on-ip-protection-of-the-fashion-industry/#_ftn3

[10]Copyright vs. Copycats: Delhi High Court Sides with Designer Rahul Mishra in Fashion Infringement Case, Company360 (Sept. 1, 2025), https://company360.in/blog/copyright-vs-copycats-delhi-high-court-sides-with-designer-rahul-mishra-in-fashion-infringement-case/#2_Background_of_the_Case

[11]Understanding the Rise of Luxury Consumption from Affluent India, Wright Research (June 4, 2025), https://www.wrightresearch.in/blog/understanding-the-rise-of-luxury-consumption-from-affluent-india/

[12]Cheenu Agarwal, How social media sensations become India's must-have products, (Sept. 12, 2025), https://www.afaqs.com/news/social-media/how-social-media-sensations-become-indias-must-have-products-10441478.

[13]Arjun Singh, GULLY LABS MANIFESTO, Gully Labs (May 14, 2023), https://gullylabs.com/blogs/news/%E0%A4%97%E0%A4%B2%E0%A5%80-labs-manifesto.

[15]E. Rockett & others, Fashion 4.0 and Emerging Designers: Leveraging Data and AI to Drive Creativity, Innovation and Compliance in Global Supply Chain Regulation, 20 J. Intell. Prop. L. & Prac. 113, 114 (2025).

[16]Adenike Ogunkoya v. Charles Harding, [2017] EWHC 470 (IPEC) ¶ 45.

[17]Andrea Bossi, AI-Generated Prints on the Runway Pose Existential Questions About Design's Future, Fashionista (Mar. 4, 2024), https://fashionista.com/2024/03/ai-generated-prints-fashion-design-future.

[18]Francesca Allport, AI generated designs: innovation or infringement, Waterfront L. (June 10, 2025), https://waterfront.law/ai-generated-designs-innovation-or-infringement/.

[19]Julie Zerbo, How Dupes Are Taking the Luxury Market by Storm, The Fashion L. (July 17, 2025), https://www.thefashionlaw.com/from-consumers-to-competition-how-dupes-took-hold-of-the-market/.

[20]The Uncharted Legal Frontier of AI in Fashion*, The Interline (Sept. 7, 2023), https://www.theinterline.com/2023/09/07/the-uncharted-legal-frontier-of-ai-in-fashion/.

[21] Ying Wu et al., RFID Enabled Traceability Networks: A Survey, 29 Distrib. Parallel Databases 397, 397–443 (2011).

[22] Khubaib Ahsan, Haroon Shah & Paul Kingston, RFID Applications: An Introductory and Exploratory Study, 7 IJCSI Int'l J. Comput. Sci. Issues 1, 1–7 (2010).

[23] How Blockchain Can Make Fashion Supply Chains More Transparent, World Fashion Exch.https://www.worldfashionexchange.com/blog/how-blockchain-can-make-fashion-supply-chains-more-transparent/.

[25] Cabinet Approves PM-eBus Sewa, PRESS INFO. BUREAU, Ministry of Hous. & Urb. Affs. (Aug. 16, 2023), https://www.pib.gov.in/PressReleasePage.aspx?PRID=2155091.

[26]Patagonia's Corporate Social Responsibility and Sustainability Initiatives, Total Assignment Help, https://www.totalassignment.com/free-sample/patagonia-corporate-social-responsibility-and-sustainability-initiatives

[27]Robeco, The Future of Fashion (RobecoSAM White Paper, June 2022), https://www.robeco.com/files/docm/docu-20220628-the-future-of-fashion.pdf.

[28] Penelope MacRae, Prada Accused of Cashing in on Indian Culture with Kolhapuri-Inspired Sandals, Guardian,https://www.theguardian.com/world/2025/jun/30/prada-accused-of-cashing-in-on-indian-culture-with-kolhapuri-inspired-sandals.

 
 
 

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