The Nine-Dash Line – Mapping Territorial Claims and Controversies

The South China Sea has been a hotspot for territorial disputes throughout history. At the center of these conflicts lies the contentious nine-dash line, an ambiguous demarcation used by China to assert its claims in the region. Stretching from the coast of Hainan Island, China, it encircles the Spratly Islands, intruding upon the territories claimed by Vietnam, Malaysia, the Philippines, and others. Despite China’s persistent promotion of the line, its true extent and nature remain vague, creating tensions with neighboring nations and the international community.

The Legal Battle and International Rebuttal

The international community, including countries like Australia, France, Indonesia, Malaysia, New Zealand, the Philippines, the United Kingdom, and Vietnam, have challenged China’s assertions regarding the nine-dash line. In 2016, a United Nations Law of the Sea Convention Tribunal ruled unanimously that China’s claim lacked a basis in international law. However, China rejected the ruling and continues to assert its rights in the South China Sea through actions such as the construction of artificial islands, harassment of foreign vessels, and publication of maps reinforcing the nine-dash line claim.

The Intricacies of Fashion and Political Sensitivities

Fashion has always had the power to convey messages, ignite conversations, and challenge social norms. The inclusion of the nine-dash line in the Barbie film raises questions about the intersection of fashion, politics, and national sensitivities. Maps, as symbolic representations of territory, hold great meaning and evoke strong emotions. In Vietnam’s response to Hollywood’s portrayal of the nine-dash line, we witness a resolute resistance to granting any legitimacy to China’s claims, even in the fictional realm of Barbie.

The Barbie Film Controversy – A Clash of Narratives

The controversial depiction of the nine-dash line in the Barbie film serves as a microcosm of the broader power dynamics at play. The film’s producers maintain that the map was a child-like crayon drawing, not intended to make any political statement. Yet, the Vietnamese government’s decision to bar the film’s release underscores the deep-rooted sensitivity surrounding the territorial disputes in the South China Sea. This clash of narratives reveals the complex interplay between artistic expression, national identity, and geopolitical tensions.

The interweaving of fashion and law in the Barbie film controversy provides a captivating lens through which we can explore the multifaceted nature of territorial disputes and their impact on society. The incident highlights the underlying power dynamics that influence fashion’s ability to challenge political narratives and provoke reactions. As fashion continues to evolve as a platform for social and political commentary, it is crucial to navigate the fine line between creative expression and sensitivity to national identity. The Barbie film’s controversy reminds us of the enduring significance of maps, both in defining territorial claims and shaping national sensitivities, ultimately revealing the intricate relationship between fashion, law, and the quest for sovereignty.

1. Madonna
   

Source: Madonna’s Most Iconic Looks Ever (instyle.com)

If Michael Jackson was the King of Pop and fashion, Madonna was the queen of pop and fashion with a hint of a Diva. Starting out as a very casual tomboy look in the 80s, she quickly evolved to be into one of the most influential fashion gurus in the industry where her extravagant itself was an added element of entertainment and glam to her amazing music.  Madonna’s fashion statements has brought in a reform of sorts among female performers and encourages more bold and open looks among artists to be expressive with their music.

2. Johnny Depp
   

Source: http://www.dailymail.co.uk/tvshowbiz/article-4497846/Jessica-Chastain-rolls-eyes-Johnny-Depp-s-earpiece.html

What is Johnny Depp without his combat boots and leather jackets just topped it off, well a lot more. Although Johnny through his initial appearances in the 80s- 90s choose to pair high-waisted jeans, leather jacket with a t-shirt to display his tattoos, or wearing suits in a nonchalant manner screaming ‘Rock on’ all the time, to Jhonny today in his bohemian chic style with an incorporation of casual and formal with countless rings and vintage glasses. Johnny Depp’s fashion evolved like his roles into constant versatility showing “You think it. Johnny can pull it” all the time.

3. Jared Leto
   

Source: Jared Leto attends The 2019 Met Gala Celebrating Camp: Notes on… News Photo – Getty Images

Often called the Style chameleon, Jared Leto and his fashion statements can never be predicted. Having started with simple go-to such as chokers and plaid shirts, he goes back and forth on statements keeping us all on our toes. Will he come back with another head?

4. Queen Elizabeth II
   

Source: Queen Elizabeth’s Casual Style Includes Some of Fall 2020’s Top Fashion Trends (instyle.com)

Do we have room for another royal on the list? Always. The late Queen Elizabeth II was indisputably a style icon with her royal floral tea dresses and pleated frocks, ball gowns with nothing short of bright colors all the time. And of course, she always paired her matching cotour hats making her outfits shine as bright as her grace throughout her time and beyond.

5. Will Smith
   

Source: He can still rock a fresh pair of overalls and printed shirt. | Pictures of Will Smith Over the Years | POPSUGAR Celebrity Photo 4

The fresh prince always made the covers with his fresh looks in dungarees, oversized sweatshirts and backwards caps. Something only Will Smith can pull off even in todays era. Will Smith became our street style hero setting standards high.

6. Lady Gaga
   

Source: The biggest hair moments at the VMAs (today.com)

One of the worlds most fashion forward and risk taking (or seeking) individual, Lady Gaga, must be on the list! Did we simply forget about the meat dress? Not for the next few centuries. In the 2010, Video Music awards, people went Gaga over Gaga’s fashion choice, especially the vegans and animal rights activists with her EXTREMELY RARE (pun intended) meat dress by Frank Fernandez.

7. Leonardo DiCaprio
   

Source: 50 Most stylish films of all time | British GQ (gq-magazine.co.uk)

Jack might not have been rescued but he has saved us all the trouble by making a few too many fashion statements and showing to us that Leonardo DiCaprio can wear it all. If today, he brought back his curtain bangs we are all up for it. In the 90s he charmed many women and men alike with his flattering ‘carefree boy’ style with an unbuttoned shirt and a cigarette appearance, however, Leo has never stopped there and continues to make tremendous fashion statements with his crisp tuxedos and sporty polo shirts.

8. Victoria Beckham
   

Source: www.dailymail.co.uk

The lady of minimal chic, Victoria Beckham follows the principal less is more and proves to us time and again that it holds true. She shows the daily joe how a simple crew-neck sweater with an ankle length skirt, a pair of loose trousers paired with Adidas sneakers or a long dress with a pointed heel is enough to make a bold fashion statements without making it scream in bright colors or accessories. Remember, solid colors over prints.

9. Harry Styles
   

Source: This Day in 1D History on Twitter: “Harry Styles, 2010: “Chuck stuff on and make it your own. As long as you feel good, then it’s fine.” Harry Styles, 2020: https://t.co/yWJ93GOA2J” / Twitter

To top off our influential fashion celebrity list with the current and MOST TALKED ABOUT fashion icon and musician of course is, Harry style. Harry has proven that boy bands and coordination were never really his interest with his distinct and confident aesthetic. With his take on normalizing gender-neutral clothing and painting his nails to match the outfit, Harry is always here to break the internet. Candy floss pink suits, printed satin flares, stacked heels, fistful of rings and the often use of skirts, Harry’s care free fashion entails modern art and fashion in beautiful ways.

End Notes:

1. Pike, N. (2023) Charting harry styles’s evolution from Boy Bander to boundary-pushing fashion force, British Vogue. British Vogue. Available at: https://www.vogue.co.uk/gallery/harry-styles-style-evolution (Accessed: April 10, 2023).
2. Nichols, K. (2019) The Victoria Beckham outfits we want to Copy now, Who What Wear. Who What Wear. Available at: https://www.whowhatwear.com/victoria-beckham-style (Accessed: April 10, 2023).
3. Chan, E. (2020) Queen Elizabeth II: 9 Decades of royal style, Vogue. Vogue. Available at: https://www.vogue.com/slideshow/queen-elizabeth-ii-best-royal-style-moments (Accessed: April 10, 2023).
4. Allaire, C. (2022) These 73 looks prove that Lady Gaga is fashion’s ultimate shapeshifter, Vogue. Vogue. Available at: https://www.vogue.com/slideshow/lady-gaga-best-outfits-fashion-moments (Accessed: April 10, 2023).

]]> https://fashionlawjournal.com/pt-1-celebrities-and-their-signature-styles-a-look-at-iconic-fashion-moments/ Fri, 28 Apr 2023 07:03:15 +0000 https://fashionlawjournal.com/?p=6928 A Celebrity being the most influential person, one who can convince you to try the most absurd fashion trend even your best friend could not. With this article lets dive into fashion through its history and go on a celebrity watch to find your favorite celebrity and their most iconic fashion moment which made a lot of our heads turns and minds convinced to give that a try ourselves!

1. Audrey Hepburn
   

Source Link: https://www.everythingaudrey.com

Would it be just if we did not start the article with Ms Audrey Hepburn? Being one of the sole reasons for everyone’s Little Black Dress obsession. Her iconic yet simple look from from Breakfast at Tiffany’s with a Givenchy column gown, 3-strand pearl necklace, large tortoiseshell sunglasses, sleek updo, diamond earrings, and long cigarette holder will forever be an iconic fashion moment and will live beyond years.

2. Prince Rogers Nelson (Prince)
   

Source: Music Icon Prince Dies at 57 | Chicago News | WTTW

Since the inception of the Princes Career in the late 70s, his career in the entertainment industry has not only touched upon the musical boundaries but also managed to make a lot of BOLD fashion statements. Being known for having a very scandalous style with his very elaborate pants suits, ruffled tops and fingerless gloves to top it all off with a dramatically draped pink fur stole making him a fearless singer in his time and beyond.

3. Elizabeth Taylor
   

Source: Iconic actress Elizabeth Taylor would have celebrated her 85th birthday this week (timesunion.com)

Speaking of fearless people, we come to Elizabeth Taylor who made a statement everywhere she went as her love for the glitz and glam were synonymous with her. With her bold choice in plunging necklines, feather boas, fur wraps, and eye-catching headpieces that would likely be considered an over-the-top fashion statement next to today’s styles.

4. Michael Jackson
   

Source: Michael Jackson Birthday Cake Ideas – HubPages

The article would of course deem incomplete without the king of Pop himself being on the list! Michael Jackson’s fashion influence is quite literally unparalleled with always communicating an aesthetic message with a holistic style, and he set the bar for every single pop star that came after him. With his moto jacket, embezzled military suits, gloves and everything, the infamous fedora that went to all his tours and some lucky fans got a hold off, the very famous cherry red Thriller Jacket, space age futurism, the kind of pop remains in the world in all realms, fashion, music and humanity alike as a the eternal fashion icon.

5. Merlyn Monroe
   

Source: MARILYN MONROE VE BİKİNİLİ POZLARI | Attut Spor

Having introduced the sex appeal into the fashion industry. Merlyn Monroe has entered the list with her classic high waisted bikinis to her classic The Seven Year Itch look, Marilyn has made way for Hollywood luxurious trends and created a legacy that continues to be impersonated on a regular basis till time immemorial.

6. Katharine Hepburn
   

Source: The Katharine Hepburn Look Book (thecut.com)

Anyone’s idol without a doubt would be Katherine Hepburn! Katharine fashioned her very own personal style while being The First Lady of Menswear that embodied the American look on screen while off screen her wardrobe favored sportswear and what we call athleisure today so does Fashion ever really go out of time? These celebrities have made sure their statements are set in stone.

7. Sylvester Stallone
   

Source: Sylvester Stallone during Sylvester Stallone Sighting at the Regency… News Photo – Getty Images

Sylvester Stallone broke all the red-carpet rules way before the fresh stars of today can by always opting for a bold modern style over any traditional fit seen among the Hollywood men. Sticking to the standards of his famous storylines in movies, Sylvester’s fashion does not go any less crazy with his gold accessories, unconventional textural mash ups, lots of skin, and seriously fresh kicks—the Rambo star could, and did, wear it all. He mastered casual layering equations in a time where men would not even dream of being seen outside other than in a standard 3 piece. As unapologetic bravado and calm-and-cool exterior as his character play, his styles alike are made to perfection. Thanks to his fashion statements he remains as a style icon of the ‘70s and ‘80s.

8. Princess Diana
   

Source: Hailey Baldwin Channels Princess Diana’s Iconic Paparazzi Photos in Vogue Paris Shoot (people.com)

The Princess has entered the chat! Cause, why how not?

Diana having her looks enough to have their own stories to be told, her philanthropic work and distinctive personality will never go out of style. Having been a royal who broke a lot of norms and “protocols” against short skirts, bare legs and cleavage, she always managed to make a look which was unique to her alone. She was someone who could pull off baggy sweatpants and a Dior Slip Dress with unfettered amount of grace and confidence.

9. Arnold Schwarzenegger
   

Source: Pinterest

The man known for his tan shearling lines leather vest with a pronounced cream collar, Arnold Schwarzenegger set yearlong trend into motion. Yes, Shearling coats and jackets have long been a winter staple to anyone that values good style. But a vest? That’s something Schwarzenegger can pull off and make it a fashion statement by making it a great way to wear the admittedly uncommon style and have it look ageless.

 Created and established by Michael David Kors in 1981, Michael Kors women label at Bergdorf Goodman, the high fashion house has graced women like the former first lady of the United States of America, Michelle Obama during her first term at the white house, award-winning actresses and singers like Taylor Swift, Jennifer Lopez, Viola Davis, Kate Hudson and others. The high fashion label has also purchased Jimmy Choo Ltd for nearly 900 million dollars and Versace for 2.1 billion dollars post which it remained as Capri Holdings Limited.

 Kors was the recipient of many awards including ‘The Council of Fashion Designers of America Womenswear Designer of the Year’ in 1999, ‘Menswear Designer of the Year’ in 2003 and the ‘Lifetime Achievement Award’ in 2010.

 The New York – London company boasts an annual revenue of nearly 4 billion dollars as of 2022, having over 1,200 stores all across the world and employing nearly 15,000 employees across the world. Recently celebrating 40 years in the industry, Michael Kors has certainly left a deep mark in the high fashion industry.

The high fashion label, in India, has stores in Delhi, Mumbai, Kolkata and Bangalore lead by Tarun Puri, the Institute of Management Technology, Ghaziabad graduate who currently is a senior vice president at Reliance Brands Limited who is a franchisee partner of MK in India.

As previously mentioned, Michael Kors epitomizes the jet-set lifestyle, embodying the essence of opulent travel and luxury experiences. Their iconic geometric designs are immediately recognizable and serve as a reminder of the finer things in life. From bags, shoes, and accessories for men, women, and children, each adorned with the signature design and unparalleled quality, to jackets, T-shirts, and trousers for men that showcase simplicity and superior craftsmanship, and custom-made dresses and outfits for women that exude elegance and perfection. MK’s product line offers a wide range of options for those seeking luxury and sophistication in every aspect of their lives.

Their wide variety of products should not be mistaken for a lack in quality, their 10-ply cashmere accessories and dresses, studded leather bags and shoes, linen shirts and gold-tone watches are quality by design and make, no comprise anywhere.

For the purpose of this article, we will be diving into the Michael Kors bags.

The MK bags come in colours depending on the season and on the other hand, they have their classic signature bags which comes in the shades, Vanilla (Cream Color), Acorn Brown (Chocolate Brown) and Black. Further, these shades come in two variants of prints, one with the ‘MK’ monograms and those without it. 

It is very much essential to note that their classic shades of Vanilla, Acord Brown and Black are also vital to many other luxury brands out in the market, for example, Louis Vuitton who have the same dual shade of brown (commonly seen in the Damier Ebene) in their leather goods since its year of establishment, 1854.

 But how does Michael Kors remain standing in the market without being confused with the others? How do luxury fashion brands maintain their trademark unique in situations where there are close deceptive similarities? This is where a non-conventional trademark comes into the picture. 

A Non-Conventional trademark is one which doesn’t belong to any convention or statutorily recognised marks such as letters, numbers, logos or those elements which consist of the combinations of such elements. Non-Conventional Marks include color marks shape marks, smell marks, sound marks and pattern marks.

Michael Kors is a luxury brand that has cleverly utilized color marks to distinguish itself in the market. By incorporating shades of brown, white, and black in combination with its iconic monogram, the brand has created a distinctive and instantly recognizable aesthetic. This unique color scheme has become synonymous with the Michael Kors brand and has helped it to establish a strong presence in the luxury market.

Colour being the first to be recognized by an individual, it is the most prudent form of first impression one can form a connection with the goods or service. Therefore, a colour mark can come in the form of a single colour or a combination of colours, brands are granted the registration of a colour mark only upon it having acquired distinctiveness due to its trade in the market.

The European Court of Justice previously pointed out that it is not usual for one to identify a product based on colour alone and it would be anti-competitive in such situations to grant a trademark for single colours to one particular brand as the range of colours available to the world are limited and it would be anti-competitive to grant trademarks for single colours due to this limitation.

In European and United States, an International Color standard called the Pantone colour system is a universal language that enables color critical decisions through every stage of the flow.

Bringing to light, the famous luxury brand that is often compared with Michael Kors on numerous grounds, Louis Vuitton,  who continues to fight for the protection of Louis Vuitton’s Damier Azur(checkerboard pattern). It has submitted a substantial amount of evidence in terms of sales figures, market share data and invoices relating to the Damier Azur pattern, it had photos of celebrities like Cameron Diaz, Victoria Beckham, Kanye West and Paris Hilton carrying leather goods bearing the sign to prove that Louis Vuitton’s Damier Azur could be recognised as a well-known trademark due to its extensive use in the EU. The court ruled that they are merely just a combination of colours and there is a lack of uniqueness in that pattern enough for the company to be granted a trademark and gain an advantage over that pattern in comparison to other brands. 

When it comes to the use of colors in trademarks, it can be challenging to determine how much is enough to establish distinctiveness and gain recognition as a well-known trademark in the luxury fashion industry. The courts will consider various factors, such as the degree of association between the color(s) and the brand, the length of time the color(s) has been used in association with the brand, and the extent of use and promotion of the color(s) in connection with the brand. 

If a brand is successful in obtaining recognition of a particular color or combination of colors as a distinctive character and term of their well-known trademark, it can provide a significant advantage in the market. However, it may also raise concerns about the potential impact on products of other brands that are already on the market.

[1] BORRELLI-PERSSON, (2021). Michael Kors at 40! A Celebration of the Designer’s Life in Fashion | Vogue. [online] vogue.com. Available at: https://www.vogue.com/article/michael-kors-40-anniversary-a-timeline-of-the-designer-s-life-in-fashion

[2] Michael Kors | BoF 500 | The People Shaping the Global Fashion Industry. [online] businessoffashion.com. Available at: https://www.businessoffashion.com/community/people/michael-kors

[3] Puri, T. Tarun Puri | LinkedIn. [online] linkedin.com. Available at: https://www.linkedin.com/in/tarun-puri-7916a99/?originalSubdomain=in 

]]> https://fashionlawjournal.com/human-rights-concerns-in-the-fashion-industry/ https://fashionlawjournal.com/human-rights-concerns-in-the-fashion-industry/#respond Sat, 10 Dec 2022 08:33:29 +0000 https://fashionlawjournal.com/?p=3772 Abstract 

Fashion has been the largest industry since humankind decided to cover themselves up with leaves. How people would dress in a certain part of the world would differ vastly from what was worn in another part, growing with different cultural integrations, fashion soon became the statement that set one apart.  

In the early tribes and small civilizations, chieftains would often be dressed differently than the commoner, though these 

dresses were hardly pieces of personal choice and more on what the role dictated of that person. However, in more recent times, that kind of thinking has led to the creation of identity fashion, like Jordan for Nike. This Identity fashion now creates for itself, the largest market there is, youth. The modern youth love things on the double, shoes, socks, shirts and pants, everything within reach at all times. This has caused the entire supply chain to work overtime and this is where we see the rise in human rights violations.  

With the market now becoming more educated, consumers now becoming more alert on where they get their products 

from, it becomes vital for such brands to introspect and see where they are causing such violations.  

Is it in their local factories, along their supply chain, in the factory of their supplier, does the concept of extended liability apply to fashion brands? If so then by how much? Even the fashion industry maintains an innocent façade, what is the reality remains the big question? 

This assignment will seek to answer the question on why the fashion industry is a hotspot for all human rights violations 

and where we can draw the line.  

Introduction 

The modern industry for fashion has an estimated market value of nearly 752.5 billion US dollars in 2020 with nearly 204 billion dollars coming from online sale. It is no secret that everyone wants to own some piece or article of clothing that best defines who and what they are. Such can extend from clothing to accessories and even outright purchasing of designs. However, this increased demand and consumer good relative market has created a strain on the supply chain that cannot be fulfilled through normal factory operations.  

Low wages, child labor and even workplace endangerment, once thought of as archaic and outlawed practices still rage 

on in the fashion industry in every level. If it isn’t the factory itself, then it’s the factory of the supplier.  

More often than not, big fashion brands tend to have a limited liability model, wherein they will not accept any liability 

beyond what is under their direct acquisition or control, however that would not be fair as the demand is created by the same brands which smaller suppliers violate human rights to meet the requirements. We cannot say that there is a legal violation of human rights by big fashion brands but that does not however, change the fact that there is some amount of influence that can cause the violations of the same by just simply demanding more product.  

Then do we blame the consumers? We could, however that would not be a logical outcome, to blame the market for 

something they want of their own freewill. The ownness on any product to be delivered ‘blood free’ is on the supplier and not the final consumer itself.  

The problem with fast fashion 

Fast fashion is a term used to describe the clothing industry’s business model of replicating recent catwalk trends and 

high-fashion designs, mass-producing them at a low cost, and bringing them to retail stores quickly, while demand is highest. 

Fast fashion runs on the simple principle of change. It changes every season, with every new material, design, pop culture 

or socio-cultural evolution of mankind. It uses human emotion to be the greatest marketing cap that the world of business has ever seen. Introducing sales, exchange offers, price slabs and slashes that all befall the workers on the factory rollcall.  

For example, in the Rana Plaza and Bangladesh case, wherein a building collapsed on the workers of five garment 

factories which supplied clothing to big brands all across the work in Dhaka, Bangladesh. Though told on an earlier date to evacuate the building, the managers of the said workers convinced the workers that the building was safe while those unwilling were threatened with displacement and job security. Later that day, the entire building collapsed killing nearly 1100 workers and 2000 injured all in the pursuit of more product. An investigation later carried out, found that the factory itself had two illegal floors and was never designed for industrial use but for residential use. The machines used destabilized the work environment and collapsed the building itself.  

Though the country faced numerous trade restriction and suspension of their benefits, the attitude continued to persist, and the top-down demand model would require it so.  

The high demand conditions also raise another question, the concept of working hours and wage violations during and 

after the covid 19 pandemic.  

The AFWA (Asia Floor Wage Alliance), in India raised a complaint which asked  H&M be held jointly liable for alleged 

labor abuses that took place during the Covid at a supplier factory, where it claims the brand “has total economic control over the workers’ subsistence, skill, and continued employment”. 

The report they released claims that though the national laws of the country are strong and workers rights are protected, 

most workers do not have any access to the law itself. This combined with the fact of not being able to hold a secure job, living in fear has lead the factory managers to easily exploit, violate and secure only their interests at the cost of the workers. 

H & M, being diplomatic neither accepted their liability in the same nor did they deny the allegation were false. Though 

a legal recourse is far from a reality, the knowledge of existence of such violations is prevalent in the minds of such fashion houses.  The problem with fast fashion therefore can be summarized into three parts – 

1. Excessive demand 
2. Ignorant attitude to worker’s plight 
3. Threatened job security.  

Extended or joint liability on supply chain and raw material procurement 

As under article 23 of the UDHR –  

“Everyone has the right to work, to free choice of employment, to just and favorable conditions of work and to protection 

against unemployment. Everyone, without any discrimination, has the right to equal pay for equal work.” 

Therefore, protecting workers rights becomes a prerogative if human rights remain the goal for our society.  

Though the H & M case has revealed that many fashion brands do partake in some form human rights violation, either 

by direct or indirect involvement, the law is clear that it is only possible to hold those in charge of the factory to be held liable for the same. This de-centralized method has created a virtual safety net against legal, PR or any other form of checking. Though companies like H & M have vowed to further look into such circumstances, they rarely do so.  

“Although it is our suppliers who employ the garment workers, we as a large company have a responsibility to do our 

utmost to contribute to a good dialogue between trade unions and suppliers to help them come to an agreement if conflicts arise.” – H & M 

The concept of joint liability in the fashion industry has taken notice due to the violative working conditions people were 

subject to during the pandemic, as such many labour unions domestic and international are calling for legal action. They believe that it is the demand of one fashion house that causes all such violations. They do not blame the house but are asking them to have stronger contracts between the house and the factor / supplier that will require them to have better working conditions and iron clad rules on hours, wages and other protection for worker’s rights.  

Another reason why we cannot successfully apply the principle of join liability comes down the very fact that no fashion 

house that is involved in fast fashion produces its clothing domestically. They often outsource it eastern countries which have cheaper labor and more politicians to be bought with money. Nearly 97% of fashion items in the industry come from one of 5 countries including but not limited to – India, China, Thailand, Bangladesh, Vietnam and etc. 

A closer examination of the Indian labor law system will reveal a very dichotomic view on the part of the Indian system. On one hand, you have the protection of the law, perfectly granted and available but only available to those who have the ability, resource and knowledge to attain it with the sacrifice required. This tall and humungous order which most people never take, leads to the perfect exploitative environment for the most mount of product.  

Child labor and discrimination 

Estimates suggest that about 16.7 million children between the age of 5 and 17 work in South Asia, and that approximately 10.3 million of them are under 15. The dire working conditions in the garment industry have a disproportionately higher impact on children’s development and health 

Another very archaic but prevalent form of violation is the use of child labor in developing countries to meet demand 

requirements. In the fashion and apparels industry for example, the use of mica is very common. It helps by creating a sparking effect on the applied body giving it a shiny look. Though mica itself is non toxic in nature, the nature of its procurement is, the biggest predators for this are India and Madagascar.  

Mica harvesting in these two countries are notorious for the use of children in the procurement process, Bihar and Jharkhand in India are the most common states for the use of child labor where the law cannot reach.  

According to reports published by the central government, over 22,000 children are employed in Mica factories under 

false names, nonexistent records and are in some way the child of any parent already working there. The nature of harvesting Mica is also very dangerous, often requiring digging through narrow shafts and tunnels underground which are not built to last. Many children who are employed in this job often safe trauma due to the claustrophobic nature and the dark tunnels that can create lifelong trauma.  

Apart from this, such mica operations also act as fronts for sexual exploitation of women and children even moving 

towards human trafficking. Apart from this the working conditions do not look up either, often working from daybreak to sunset, an education and schooling is the least of their worries. Although India has among the strongest child labor laws, incessant corruption and profit mongers prevent the hands of justice from ever reaching such places.  

Discriminations is an added bonus to the length of human rights violations that take place in such countries, it is estimated 

that around 80% of every textile factor work force is women due to the nature of the job itself. This includes having them work in congested areas with their children, towards impossible tasks and suffering their wage cuts when such tasks are not achieved. Their workings hours can go well close to 15 hours a day with little to no break apart from meals which are also prepared by the workers themselves.   

This large women work force has also created a great deal of opportunity for sexual abusers and harassers. It is reported 

that more than 14% of the workforce get harrased on the daily while 60% have been intimidated with violence and verbal abuse on the daily, in Indian garment factories.  

Yet they toil away, towards a future that they are very well trying to secure for their children so that they do not end up 

the way their parents did.  

The way forward / Conclusion 

The best way forward would be honesty, education, and transparency. As the consumer base now grows smarter, 

marketers have now under that the best way to market any product is not fake but to reveal the product itself. Consumers want to know what they are buying and at what cost does their purchase come that isn’t monetary. Companies such as Nike, Adidas, GAP, H&M and others have all now opted for an open platform where the factory details are all laid out for open inspection and examination by the consumer.  

Beyond this companies have now begun to create explicit contracts that strong arm the factories into complying to actual 

laws of the country including those laws that aren’t present in that country but are present in the home country of that fashion brand. Furthermore, most companies have made their supply chain data, readily available which allows the consumers to be a part of the experience while also allowing them to see that the terms of the new contract are taken seriously and followed to the letter. That ladies and gentlemen is the way forward. 

What’s the catch? No commodity sold in both instances was real. One can say that such cards have always had an evergreen demand in their respective communities, say the famous Pokémon cards and Cricket Attacks to name a few.

NFT have just diversified its scope and introduced, Wearable NFTs. Can you own these wearable NFTs?

In our regular day to day activities, the concept of ownership is quite simple. One needs only a commodity, truly and in whole under the ownership of one person to transfer the same ownership to another through any exchange or sale they shall have regarding the principal commodity. However, with the rise of the digital world, NFTs began to surface better known as Non-Fungible Token. These commodities are single piece articles that remain only unique to themselves and cannot be recreated.

This is achieved through the blockchain, those which are digital ledger programmes that use all computers connected in a network to act as ledger folios to a certain entry. Simply put, each computer contains the same entry made regarding a certain NFT, this includes the colour, design, original owner, creator, and other details alike. In the event any one computer or node is given another entry or attempts to change the information present, the ledger corrects itself thereby never allowing to actually changing the information itself.

If wearable NFT are digital assets on the blockchain, then how do you own and wear one?

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Intellectual Property: What is it?

Before we get into the topic of wearable NFT, we must understand the concept of intellectual property. Intellectual property, in short known as IP refers to the legal rights that a property has by virtue of man’s intellectual activity. This can be anything from scientific to art and even literary works. One can say that is simply, the commodity of the mind.

On legal examination, we can ascertain that any IP shall have the following three elements:

1. Intangible nature
2. Derived from common law
3. The law recognizes and preserves the rights of IP holders.

During the convention for World Intellectual Property Organization (WIPO), Article 2 (viii) read as such –

“Intellectual property shall include rights relating to literary, artistic and scientific works; performances of performing artists; phonograms and broadcasts; inventions in all fields of human endeavour; scientific discoveries; industry designs; trademarks, service marks and commercial names and designations; protection against unfair competition, and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.”

Such intellectual properties, unlike real or physical properties have a timestamp. Any Intellectual property shall become public knowledge after a fixed time period has expired. In the case of patents, such is 10 years from the filing of any patent.

Each state therefore focuses on recognizes and protecting all such intellectual property within their own state in-order to better aid their global standing.

Any IP comes in the following forms –

1.) Patent rights – Patents protect new inventions and how they work. There are three types of patents: utility, design, and plant patents.

2.) Copyrights – Copyrights protect musical works, literary works, dramatic works, broadcasts, cable programs, films, sound recordings, and published editions.

3.) Trademarks and Brands – Trademarks and brands enable businesses to protect their corporate image so that they can create a unique identity to distinguish themselves from their competitors.

4.) Protection of Trade Secrets – Trade secrets are formulas, devices, processes, or other information that businesses keep confidential to maintain a competitive edge.

5.) Design Rights – Design rights allow inventors and businesses to protect the appearance, shape, and form of a product. Examples of trade secrets include customer lists, soda formulas, computer algorithms, and survey results

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NFT – Non-Fungible Token

Non-Fungible Tokens are in simple terms, assets of a non-replicative nature. These assets are digital and are not more than one in number. The idea is that there is only one unit of that commodity, increasing its value for potential buyers and enthusiasts. They are unique and cannot be replaced.

If a digital item is registered on the blockchain, it is unique and gives the owner of that NFT digital commodity, irrefutable proof through the blockchain that they are the sole owner of the original token.

According to Section 14 of the Copyright Act, 1957, an owner who has the bundle of rights which allows the person to make reproduction and adaptations as they see fit. The transaction is quite simple, a registered user with the NFT will transfer via Blockchain to the buyer and the required tokens are credited into the seller’s digital vault.

Considering NFT and IP together, it is safe to say that Design and Copyrights are the forms of IP are strongly associated with the most Non-Fungible Token.

In most circumstances, Smart Contracts are used to create a virtual executive contract which gives exclusive rights to only one user rightfully purchased the NFT from the creator. This solves the problem of date entry, wherein after a said data is entered, it cannot be altered on the blockchain. This system coupled with other software which protects images and text on websites create a near fool-proof system against any sort of re-creation.

For example, Nike has obtained a patent for “generating Cryptographic Digital Assets for footwear,” which would allow a buyer of a shoe to ensure that their shoe is authentic, and also enjoy a digital collectible version of their shoe in their wallet (better known as Cryptokicks). In general, blockchain patents continue to show accelerating growth.

If one is a block chain inventor, they should be considering whether their work qualifies for patent protection. While obtaining patents for blockchain-related items might be difficult, it is possible. In the US alone thousands of block chain patents are already being filed every year.

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Wearable NFT

Wearable NFT poses a different question from the regular question of NFT ownership. If one were to own art or music pieces, it is easy enough to secure the same using exclusive contracts and data protection software? The fashion world has also been set abuzz with NFTs such as the latest collaboration between Gucci and Superplastic (SUPERGUCCI), we must now analyze the legal complication of having wearable NFT.

SUPERGUCCI,  created a new limited line of NFTs in a three-part series of ultra-limited NFTs co-created by Gucci’s Creative Director Alessandro Michele and synthetic artists Janky & Guggimon.

Another important development in the fashion world was the trend of generating luxury into the metaverse, where interested users can purchase such wearable NFTs designed by luxury houses like Louis Vuitton, Valentino, and Burberry. Such wearables would come in two forms, ones that would dress your meta-verse’s avatars and another in the form of a filter, that which would act in collaboration with real time pictures.

These digital-only designs make use of blockchain technology and smart contracts, which also help prove their uniqueness, authenticity and ownership of each garment or accessory.

The popularity of such NFTs’ is due to their scare and secure nature giving people the ability to feel unique.

There only exists ONE NFT for each of its kind and is secured beneath layers of data protections which can make it nearly fool proof. This combined with the recent success of Meta-verse and the internet age creates the perfect transition for luxury brands. Even automotive companies like BMW are creating what they call virtual factories which shall each have their own output decided by real world management.

Lux brands are no strangers to peak demands and pop culture influence; however, the new stage of digitalization has brought many legal questions into the picture.

Such like the topic of this article, ‘How does one justify the ownership of their own NFT if they are not the creator?’

We can use smart contracts which are programmes that enable a certain premade function when the conditions or prerequisites are met. In our instance, a smart contract can be programmed to issue an agreement which shall specify the date, time and principal matter involved in the transfer itself. This along with the client’s digital signature can act as a warrant to one’s ownership of a certain wearable.

Another solution which can be adopted is the creation of a separate ledger on a periodic basic that shall each surpass the previous ledger with updated content which shall include the ownership of any NFT.

Since the blockchain exists in such a way that everyone is given access to public information which includes ownership details, it is safe to say that such methods can be incorporated for the next few years. As it is a NEED which must be given the attention to.

But what about the final question? Can we legalize and subsequently regulate a market that runs in a digital world? Where does the accountability lie?

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Legality of Wearable NFT

Under the Indian Patents Act, 1970, NFT can be considered to be NFT’s if we were to take the letter of law, the four conditions –

1. Not obvious
2. Novelty in character
3. Useful in nature
4. Should not be commercial exploitation

Though some in the world would argue on the third and the fourth point, when it comes to the matter of the law, the law is clear. Therefore, any NFT can be patented or copyright as the case may be. By virtue of this, one can say that even NFT holders possess the same rights as that of a regular IP rights holder.

However, enforceability is another matter entirely. The reason enforceability remains a big question is for three reasons –

1. When we understand the concept of NFT, we also understand the threat it poses to all centralized systems. Due to its decentralized nature, any NFT in such a system is difficult to recognize legally due to the lack of primary information. In cases where someone has infringed on another intellectual property, we can sue for damages however, in a system that remains decentralized, finding actual perpetrators remains a mystery.
2. In circumstances where there is an institution involved, perusing any infringement becomes a difficult suit due to newness of NFT and a lack of strong jurisprudential base. This paves the way for legal supremacy without a justified defense provided the counsel is good enough.
3. In the event ones does engage a good counsel and is able to track all primary information, there is still the matter of legislature. Thought countries like India and the United States are actively working to output a legislature regarding this area of data science, the lack of adequate legislature has thrown the judiciary into a retrospective state.

In the real world, artists have already begun to file cases both domestically and internationally on counterfeit NFTs and trade dress infringement issues circling the market. But, with the lack of a regulatory body paves a perfect way for avoiding law itself.

We can say that in order to secure ownership, one can get into a smart contract system and prove the ownership of a certain commodity but that still remains as an arbitrary procedure which does pose a circumstance for error. Apart from the general due diligence taken during the course of registration of any IPR, a system must be designed to regulate, understand and father expand on the promise that such NFT markets hold in virtual economics.

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CONCLUSION

In practice, this is no different from the regular sale of goods and copyrighted works being sold to buyers between residents in foreign countries or domestically. However, given the anonymous character of blockchain vaults and transactions, the creators who sell NFTs have no way of preventing reselling, counterfeiting or another malicious data breach or use. Such acts may even occur in countries that do not consider the laws of Intellectual property as the rest of the world.

IP laws are established for the primary purpose of protecting business assets. The kind of IP laws applicable to a business depends on the type of asset the business has. Fashion brands, books, computer software, and photographs are some of the types of assets that usually require the protection of IP laws.

Unlawful use or copying of an asset protected by IP rights, without the owner’s permission, is called infringement. An owner of IP rights has to enforce his or her rights and bring infringement proceedings before a civil court against another party for unlawful use.

Types of infringement that are regarded as criminal offenses include copyright piracy and trademark counterfeiting

The fashion industry is heading towards a major trend of virtual clothing which could be the start of yet another fashion revolution. We shall  soon see more virtual ramp walks, virtual modeling and a near complete digital integration where one would not even be required to phsysically make their way to a store to try on clothes and just make purchases by trying them on at the store using their avatars.

What we do here in the real world, into the digital world for lesser costs and more demand. This is the next economic revolution, a new boon to the fashion industry.

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