The Importance Of Copyright Law In The Fashion Industry

3. COMMERCIAL COPYRIGHT AND SOFTWARE

The copyright law grants the author of a novel, the producer of music and an artist, a bundle of exclusive rights over their work so in order to exclude others from exercising any right over their creation. However, in case of any unlawful infringement of these specific rights the copyright owner is required to bear heavy expenditure in terms of both money and time if he approaches the courts through the ordinary litigation procedure. In order to overcome the shortcomings of the litigation system, companies have begun to adopt other means for settlement of their disputes. Arbitration gained momentum in the Corporate world when International Business Machines (IBM) and Fujitsu announced an arbitrated settlement

Fashion Industry with its ever increasing social importance can be identified as a field where the requirement of trademark law is indispensible. Though the industry faces variety of common and repetitive legal issues, it is the protection of trademarks that gain the utmost importance as it is through the ‘brand image’ and the ‘reputation’ that the designers survive among the customers. The uncertainty surrounding trademark disputes in the fashion industry paves way for alternative dispute resolution ("ADR")in trademark infringement and trademark cancellation cases. The forms of alternative dispute mechanism suitable in the fashion industry to serve everyone’s best interests by creating a unique approach includes the Arbitration, mediation and the settlement negotiations. When required, even a combination of ADR methods such as Mediation-Arbitration or Co-Mediation Arbitration can be resorted to for the resolution of

Unfortunately such groups owing to their access to limited resources and limited knowledge fall are unable to preserve their culture and often fall prey to the capitalists who misuse their culture for pecuniary benefits and many a times, even succeed to get protection rights over the same. Given the complex legal, social, cultural and historical dimensions of disputes over Traditional knowledge and genetic resources, engagement in constructive dialogue would only create a conducive atmosphere where the indigenous people and traditional and local communities would feel more comfortable in resolving a conflict, rather than in a judicial process addressing only questions of law. With ADR, the parties are provided opportunities to take into account, various issues other than legal norms in the context of dispute resolution. The WIPO International survey on dispute resolution in Technology transaction has held Arbitration as the most popular method among available dispute resolution systems. The WIPO has provided for the establishment of both tribunals and permanent ADR body such as the International Court of Arbitration of the International Chamber of Commerce, the WIPO Arbitration and Mediation Center for settlement of conflicts which the indigenous people can refer to, as per their