1) Can you tell a little bit about yourself

I have done my undergrad from NIFT, Delhi and MBA from ISB Hyderabad. I started my career with the fashion and retail segment of Aditya Birla Group where I worked across 3 very diverse roles – product management, key account management, and brand management. In my second professional stint, I joined the fast-paced e-commerce industry with Nykaa where I worked in the category function of the fashion vertical.

2) How was your experience at Aditya Birla Group?

Aditya Birla Group is known for building leaders; it is a pioneer when it comes to the fashion industry. I couldn’t have asked for a better and more process-driven company to start my professional journey. Further, it has some of the most amazing minds in the industry and I was fortunate to work closely with some of the leaders in the early stages of my career.

The systems and practices followed at ABFRL are an industry benchmark and it was great learning to experience it first-hand across different roles. The foundation laid at ABG really helped me grow in my career subsequently.

3) Tell us a little about how this works, product management and brand management.

You are basically the custodian of the brand and responsible for the assortment and merchandise build-up. Constantly innovating and making products to cater to varied needs of the customers is the most critical deliverable. Further, the interesting part about the role is involvement across the whole lifecycle of the product from concept to consumer.

4) How did you decide to do an MBA?

While I was enjoying and getting good progress in my work at ABG, I felt to reach my long-term goals, I had to build a strong repertoire of skill-set. That’s when I decided to enrol for a professional course. Further, NIFT helped build my creativity. I wanted to develop the analytical and management traits through a dedicated program.

5) You were a part of the fashion vertical at Nykaa; tell us about that time in your life?

When I joined Nykaa, the fashion business was still at a nascent stage. I was part of the team that strategized and launched the men’s business. For a platform primarily known for women, building men’s business was one-of-its-kind challenge. With the team’s dedication and right inputs from the leadership, we were able to carve an interesting proposition in Nykaa’s portfolio.

6) What are the key responsibilities for category team in Nykaa?

Category team has a direct responsibility of delivering the budgeted target sales numbers. Onboarding relevant and exciting brands, ensuring right depth and breadth of assortment across categories, drive marketing campaigns across platforms, ensure timely and proper delivery of products, etc are some of the levers used by category team

7) How does law play a role in all these things?

Before a brand becomes live on the platform, it is essential to close the agreement. Legal agreement is the cornerstone for any kind of partnership with external brands. It is a detailed document with all the clauses and terms-of-trade mentioned clearly. The width and depth of points mentioned in the agreement is astounding.

As part of the business team, we had to close the agreements with the legal team. It was a great learning as the intricacies really helped in building a rounded perspective

8) Did you have a similar experience with law in ABFRL?

While Nykaa was still at a nascent stage when I joined, ABFRL was at a very mature stage. Agreements with legal clauses were already in place when I joined the firm. Handling and managing these things first hand in Nykaa proved a great learning.

9) What is the process of listing new brands at Nykaa?

Either the brands can approach the portal or the category team scouts for relevant brands to offer the right variety to the customers. Nykaa is particular about the assortment on the website so the category team is judicious while shortlisting brands.

10) How have shopping trends changed after COVID?

Right after COVID, we had noticed the share of the comfort wear remained on a higher side across genders and categories. Now the pre-covid levels are back. Offline business got impacted during different waves; but now with normalcy prevailing, the offline channel is showing extremely positive trend.

11) What tips would you give to someone launching the brand on e-commerce website

With so many brands being available online, it is very critical to have a strong talking point for customers to connect with a brand. This could be aesthetics, fabric, finish, etc. Also, it is very important to have a strong control on the supply chain and the P&L to ensure long-term sustainable growth.

]]> https://fashionlawjournal.com/in-conversation-with-radha-khera-on-fashion-and-law/ https://fashionlawjournal.com/in-conversation-with-radha-khera-on-fashion-and-law/#respond Tue, 27 Dec 2022 03:08:33 +0000 https://fashionlawjournal.com/?p=3987 In Conversation with Radha Khera, Managing Associate at Remfry & Sagar. Radha did her LLM in Fashion Law from LUISS School of Law. She shares her experience in the field of Fashion & Law. Read her candid conversation with Anuj Kumar, Founder & Editor-in-Chief at Fashion Law Journal.

Q1. Can you give a brief about your background? How has your journey been so far from a Law Student to Managing Associate, Remfry & Sagar?

After finishing my law school (Campus Law Centre, Faculty of Law, Delhi University), I wanted to experience legal knowledge on a global perspective and I pursued my first Master’s in Law from the University of Southern California, Los Angeles. Studying Intellectual Property, Entertainment law and legal issues in motions pictures ignited this flame for Intellectual Property. After my Masters, I trained with an amazing lawyer in Long Beach, and soon after joined Remfry & Sagar, a name that needs no introduction for IP. This was end of 2012 and my experience therefrom has been nothing short of a joyride! 

I believe, once a lawyer, always a student! The pace at which the world around us is changing, one ought to upskill and stay on top of their game. This is good not only for competition but also serving your clients holistically! The role of a lawyer has changed – we are not merely legal advisors but also strategists and business developers. I have always loved Fashion (who doesn’t anyway)! Working with Remfry got me exposed to the Fashion industry and its peculiar needs and I decided to pursue my second Masters and be trained by the experts in the field. Luiss School of Law in Rome had a great program offering with esteemed faculty including counsel from renowned French and Italian fashion houses. I recently graduated with a second Master’s Degree and continuing my journey as an Intellectual Property and Fashion Lawyer with Remfry, better equipped to serve all brands we work for.  

Q2. You are active in fashion law practice, walk us to your work in this domain. What exactly is a day to day work profile of a fashion lawyer?

As a dynamic field, the Fashion Industry witnesses multi-disciplinarian legal issues and typically, the work of a Fashion lawyer includes providing legal assistance through the life cycle of a fashion product. From setting up a brand/ company, to protection and enforcement of intellectual property, commercial transactions and agreements, supply chain management, compliances and labelling, to even issues governing manufacturing such as health and safety practices of labourers, there are many domains requiring eye for detail. In the world of Web3 with metaverses and NFTs an understanding of technology laws and influencer marketing, new age agreements, smart contracts, terms of model engagement, influencer and celebrity endorsements and liability per governing laws are just a few of the many legal issues that a fashion lawyer ought to be aware of. Issues of data privacy, product liability and consumer protection also walk along with brand strategy, labelling requirements, brand communication strategies and so much more. Incase of violations and disagreements, dispute resolution through ADR or litigation is also an essential part of the role of a fashion lawyer. Fashion is global and India is leading with globalisation. An understanding of the international market and following trends is also something that comes handy. 

Q3. You pursued LLM in Fashion Law from LUISS School of Law. How was your experience?

Unfortunately, COVID peaked during the tenure of my course which resulted in few of the classes being taken remotely. Although I must confess, LUISS was extremely professional and technologically adept in ensuring that engagement in terms of assignments and practical lessons was as effective as in person lectures. From the content of the course, to the structure, faculty and guest lecturers, everyone was very accessible and helpful. I literally had the best time writing my thesis (when infact to begin with, I dreaded writing 55 pages!) with my mentor, a leading counsel from a leading Fashion Brand.

Q4. What career advice would you like to give to prospective Law students looking to break into the fashion industry?

For law students aspiring to be Fashion Lawyers, I think a good start would be to pursue a course in Fashion Law. Recently there are structured courses/ degrees on Fashion Law and It is always a good idea to begin with the right academic knowledge. One learns practically yes, but a thorough academic backing goes a long way. For others who would like to take the self-taught way, read read and read! Persistence is key and if you truly know this is your call, go for it! Fashion always sounds glamourous but as fashion lawyers we must be ready to see the flip side of Fashion as well. 

Q5. According to you what are the legal issues/challenges in fashion industry, considering the advancement with introduction of metaverse, AI, Blockchain, etc in fashion?

I think the Meta-bubble/ blockchain/ NFT’s are raising legal concerns across industries and fashion happens to be one of them. The biggest challenge we’ve all been reading about pertains to protection and enforcement of intellectual property in the Metaverse. Law suits across the globe such as the MetaBirkin case, have had several brands seek protection of their trademarks in the metaverse. The IP fraternity even contemplated whether the current NICE classification is exhaustive enough to encompass protection in the meta space. Also, the concept of Trademark protection is territorial, and Metaverse is a universe without territory, increasing strategic work for and by brands. That said, since these developments and moves by brands into this space has been rather recent, the coming times would address these challenges it is hoped. 

Meanwhile, if I were to personally argue the case for Metaverse and protection extending to that world, it is like someone’s social media profile – an avatar which is yours and handled by you, an extension of your reality! I see no reason why laws of the real world cannot extend to the virtual reality. 

If we were to keep these issues at bay and not worry about protection or enforcement in the space, Metaverse can actually prove to be the biggest solution to sustainability concerns in the fashion industry! As an industry considered to be one contributing significantly to environmental degradation, virtual stores, virtual trial of clothes, show casing of designs prior to production (in turn saving textile waste), fashion shows on the Metaverse may have a good impact on sustainability concerns undermining several brands. Additionally, NFTs can open additional streams of revenue generation. Many brands have started selling virtually through crypto as well. 

The fashion industry has been one of the most dynamic industries, but with the changes coming along in the past year or so, even the most established and renowned brands are having to re look their brand strategy to appeal to conscious millennials and digitally engaged GenZ. These are exciting times in the world of Fashion and the coming months shall throw additional light on resolving the current issues faced by the meta-indulge. 

Q6. How can the counterfeit risk be mitigated?

Before I talk about mitigating risk of Counterfeiting, I feel it very important to highlight that many of us do not realise this, but when we as consumers also indulge in purchase of counterfeit products, we contribute to the running of an illegal world, one which is not only dangerous to health but also humanity! 

For brand owners, it is very important to protect and enforce their intellectual property, adopting global monitoring strategies and acting at even the smallest instance of violation. I understand the world is big and one may not come across every possible instance of violation, but a strong watch service coupled with frequent market surveys, registering oneself with customs could be some ways of tackling counterfeits. If a brand is aggressive in its approach, I feel that acts as a deterrent. If on the other hand, a brand chooses not to take action against counterfeiters, it just allows them to monetise your brand value and dilute your trademark.  That’s not a win for anyone – neither your brand value, nor your consumers. Brand owners have a responsibility towards their consumers, and consumers too must act responsible and not partake in purchasing decisions obviating counterfeit sales. 

Q7. As we continue to see emerging influencers and digital marketing these days. How do see the placement of law and legal issues arising in this domain? 

The influencer industry has boomed in the recent past and digital marketing is key strategy now-a-days for many brands. Celebrity branding has always been a part of the retail industry and influencers are not considered anything less than celebrities now-a-days, making it much easier for the law makers, consumers and brand owners to be on a legally and mutually co-existing place. Lacunae felt in the advertisement and consumer laws after witnessing an increasing trend in consumer purchase decisions basis endorsements have brought about significant changes also making celebrities responsible for their endorsements in the interest of public. 

The Advertising Standards Council of India (ASCI) released Guidelines for Celebrities in Advertising directed both to the Advertiser and Celebrity. Onus was cast on celebrities to ensure due diligence before endorsing any claims. Influencer Advertising Guidelines for Digital Media were also released by ASCI recently pursuant to which disclosure of ‘material connection’ between the advertiser and the influencer is mandatory. Such material connection includes even receiving free or unsolicited gifts, trips etc. 

The Indian Government has also been taking steps to regulate digital and influencer marketing and recently The Central Board of Direct Taxes issued new guidelines on influencer taxes. Social media influencers are now liable to pay tax deducted at source (TDS) on gifts/ freebies received or other forms of payments made in kind, if the value of the product is above INR 20,000 (approximately USD 250). 

New guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, were also notified by the Central Consumer Protection Authority for prevention of false or misleading advertisements and endorsements.

I feel changes like these amply communicate that any portal making consumers susceptible to making purchasing choices is not free from review/ scrutiny. In my opinion, the current laws in place seem to be at par with the requirement at this juncture. For anything else that may not be covered, well drafted and well-structured agreements between brands and celebrities/ influencers of social media platforms, may be resorted to incase of any conflicting situation.  

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1- Can you tell us what’s your role at Dior and what does it concern?

I’m Legal, Ethics and Compliance Director EMEA (Europe, Middle East, and Africa) – a region of almost 30 countries -. I manage a legal team of 6 people. Principally, we follow the legal aspects of the whole supply chain, from the production – part of it is based in Italy – to the commercialization of the final product, passing through corporate governance, service agreements, real estate and events (when not managed centrally); in general, all the legal matters around the life of a boutique and a local subsidiary within the Region Europe and Middle East.

2- What’s your educational and professional background? How much is important, as a legal, to achieve language skills?

My journey was very complex, with many attempts. I graduated in law, at the University of Rome, and I started the notary path. I abandoned it for many reasons and then I decided to become a lawyer. After my career in a law firm, I started to work for Heineken and I stayed there for 5 years: with this experience I definitely switched to the in-house career.

Later, I moved to Fendi and, now, I have been working at Dior for almost 3 years. When I started my career in fashion law this field didn’t have recognition. The figure of the fashion lawyer already existed but it didn’t have a name and it wasn’t recognized, while now it is for sure. I didn’t attend specific courses on fashion law, simply because they didn’t exist. I learned everything through my experience and my legal knowledge. So much so that, I took part in the creation of the first Master in fashion law at LUISS University, in Italy, with Ms. Angela Del Vecchio and we worked together to create, effectively, THE fashion lawyer as it is nowadays.

I studied English and German, in young age, and I improved English with experience. I didn’t really know French and never studied it, so I learned it once I came in France with Dior. Professionally, the most important skill is the English one because, in a company, you find yourself working with people from very different countries. Anyway, French is a plus, for sure, and it becomes mandatory when you decide to live in Paris and work with French people. In the fashion law field, maybe, French could be more important than English, but I don’t think it is mandatorial.

3- As a legal, how do you relate with other departments (e.g. production, retail, etc)?

Collaboration is fundamental, both for lawyers and legals, and it is very important in order to understand the business. This depends, mainly, on the lawyer’s curiosity. I think that curiosity is one of the most important things in this job. If you don’t know the business, you could give not useful or even wrong advice. Additionally, because the fashion field is very fast and challenging, if you don’t know your client’s needs the risk is to “stop” – create troubles – the business.

In order to add something more to your job, you have to speak with people, go to places, learn as much as possible about the business: know the industry deeply. Therefore, collaboration and curiosity are the most important qualities in order to work harmoniously with other departments.

4- What’s the most important area in which a fashion company looks for employees? Is the legal one of them?

In most of the industries, not only fashion type, support roles (legal, finance, etc.) are more suffering as a research-of-staff point of view. If the core business is production or selling, those will be the biggest ones in terms of workforce. Despite that, legal support is very important and the industry knows that it is fundamental.

Honestly, I saw an increase of the legal area in the last years, not only in fashion companies.

5- What’s the relationship between in-house and external lawyers?  

It depends. When we need particular or specific technicalities or knowledge it is fundamental to work with external lawyers (e.g. due diligence, acquisitions, etc).

On the other side, we work with external lawyers in foreign countries: in this case the lawyer is our referent and representative for that area. This happens because we can’t follow all the specific procedures in every country and we can’t be always there physically.

We work mostly in-house because fashion is a really fast industry and it is difficult to receive a real time feedback from externals. We are very business oriented and we have to give quick response to business and to different departments. We are their reference, their advisor and our role is to manage risks and crises.

Despite that, sometimes we need an external support for the above reasons.

6- How much is important, for a legal position, the knowledge of the fashion world?

According to me it is essential, as a legal in-house or as an external consultant. That’s because this is a specific and particular sector, so the lawyer needs to know the maison, the group history, the core business. A standard approach doesn’t work for us.

It is really important to have passion and a fashion culture. This is a world of enthusiasts and it is important to be on the same wavelength of the client. We want somebody that knows the industry, that is passionate and that has a brand knowledge, also from an image and reputational point of view. That’s the only way to be efficient and to be an added value.

7- What’s the ideal path for who’s interested in fashion law, in particular at Dior?

There are three main pillars for a fashion legal, as an in-house but also as an external: real estate (core business of many fashion industries), IP rights (but in a very smart way: not only anticounterfeiting, but also collaborations, marketing, etc), industrial law (production, suppliers, contracts, etc).

Also, compliance (anticorruption, anti moneylaundering, etc) and sustainability are really actual and useful – even if I think that the last one could constitute an independent department (because it doesn’t involve only legal knowledge but also a very technical and practical support) -. Nowadays, it is very important also the knowledge of the digital law world (NFTs, blockchain, metaverse, etc). On the contrary, I don’t think it would be so helpful a background on administrative law, criminal law, tax law (maybe it could be useful in the finance area), M&A or litigation.

8- What is your advice for those who want to look for a job like yours? 

For sure it is important to have a solid base on the above topics. It is very important to have skills in as more languages as possible (at least 3 languages – where English and French are the best, in my opinion). Now it is more difficult and the level is always higher: there is a high competition, especially in fashion law and especially for in-house positions. I think that being a young lawyer or a young legal is an added value because of the different worldview, the digital skills, the freshness, the knowledge of new technologies.

Fashion is really fast, as I said, so freshness, young age and determination are your strength. This market is not inaccessible, but it is important to give an added value and be specialized in new fields.

9- How have COVID and war impacted on your job and in the fashion industry?

Covid and war are two particular circumstances that have never been experienced before, so nobody knew how to manage them. Despite this, those helped many industries to understand the value of a good in-house lawyer. That’s because when there was the necessity to take important and fast decisions, this was totally on us. For example: open or close the production, being able to organize a catwalk (or online catwalk), security matters… legal decisions had (and still have) immediate reactions on business.

So we are almost entrepreneurs inside the industry. Covid gave us a strong impact on the business and on many decisions. We achieved a great visibility in the company.

We used to work on the background and now we are more entrepreneurial and we take many risks, giving feedbacks based only on our legal knowledge and this was (and is right now) very challenging.

10- What’s the strategy, in particular for fashion luxury industry, to achieve and manage sustainability?

We are not omniscient, and this is a very technical topic. So I think that the role of a legal should be more centred on avoid the risk of greenwashing or paying attention on marketing strategies. The in-house lawyer has to guide the process through communication and decisions, working together with production and technical departments.

Q1. Can you give a brief about your background? How has your journey been so far from an International Lawyer to Director of the Luiss LLM in Fashion Law ?

I have taught and practiced International Law and European Union Law for about forty years. This branch of law is undoubtedly important for the regulation and management of the world of fashion. World, which, beyond studies, has always fascinated me. That’s why LUISS School of Law asked me to direct its LLM in Fashion Law. And, of course, I accepted the proposal enthusiastically.

Q2. As a director of LUISS LLM in Fashion Law, what is the teaching methodology deployed to help students understand the different areas of Fashion Law? What is the general profile of students who take the LLM course?

In order to develop and improve professional abilities and personal skills, we comprehensively address all of the legal matters and expertise involved in the regulation of the fashion sector. We provide classes, workshops, practical and experiential learning activities and, above all, direct contact with general counsels of important brands, professional, lawyers, markets leaders and academics.

Most of the students who take the LLM course are graduated in Law.

Q3. What is the relation between Fashion Law and IPR? Do students need to opt for IP as major in college to form a base in Fashion Law?

It is an indissoluble connection. In the LLM in Fashion Law we provide an entire module which tackles the rules governing IPR in the fashion sector, from copyright protection to norms safeguarding design, patent rights and know how. The module also provides a complete understanding of the legal instruments for the defense of fashion brands from infringements of trademark to protection of their IPR.

Opting for IP as a major in college is definitely a great investment.

Q4. If someone is interested in Fashion Law, how to pursue it? Can you suggest courses or firms/organizations where students can apply for Fashion Law?

Fashion Law is not adequately studied in law schools. A prestigious LLM in Fashion Law is therefore strongly suggested.

Q5. Where have the graduates gone on to work, and where is the most demand for this line of work in particular?

Fashion Lawyers are employed by both in house legal departments of fashion companies and  most renowned legal firms specialized in this area of law.

Q6. What do you think is the biggest challenge in the future of fashion law, considering the impact of the pandemic?

In the past 18 months, the traditional consumer behavior has dramatically changed: stores have been closed for long periods; travels have been restricted while e-commerce is experiencing a boom. Therefore, fashion lawyers are required to pay increasing attention to the complex legal issues linked with Digital Markets. For example, they need a more robust knowledge of privacy and consumer protection laws as well as of the international rules concerning the fight against “cyber counterfeiting”.

Q7. What career advice would you like to give to prospective LLM students looking to break into the industry?

The fashion market is not looking for “prêt-à-porter” traditional lawyers. Prospective LLM students must “tailor” their legal education. They should invest in a master focused on each legal issue of the entire cycle of fashion production, commerce and supply chain as well as on the dispute resolution systems available in the fashion sector.

Q8. In this time of COVID, what is your opinion with opportunities in Fashion Law?

In a scenario where everything is changing, the Fashion Industry is looking for a new generation of lawyers. In addition to the consequences of coronavirus, the market is eventually impacted by the increasing attention payed by the civil society to green-economy and social justice.

Excellent opportunities will open up for those who demonstrate their mastery of the continuous transformations of fashion law.

Q9. Any advice that you would like to give to students, professionals or lawyers who aspire to pursue a career in Fashion Law?

As I have just said, continuing training and updating on new legal issues, is my advice. It is apparently a classic and universal advice. In reality, in the current world of fashion it is the main condition to become an esteemed, well-paid expert.

]]> https://fashionlawjournal.com/in-conversation-with-ms-angela-del-vecchio-fashion-law/feed/ 0 https://fashionlawjournal.com/erdem-eren-founder-fashion-law-institute-istanbul/ https://fashionlawjournal.com/erdem-eren-founder-fashion-law-institute-istanbul/#respond Fri, 01 Oct 2021 05:59:36 +0000 https://fashionlawjournal.com/?p=2675 Erdem Eren, Founder of Fashion Law Institue Istanbul, completed his bachelor and master’s degree in law, later, he started his own legal firm in Istanbul. During the first few years of his profession he realized that he wanted to use his talents from creative industries hence, moved Paris for studying Fashion Management and Marketing. After working with important brands in the textile and fashion industry in his own law firm, he decided to establish first and the only institution in the field of fashion law, Moda Hukuku Enstitüsü or known as Fashion Law Institute Istanbul (FLII) in 2012. Couple years ago, he moved to Miami for continuing the career in the US and became Board Chairman of International Fashion Law Association (INFLAA) which is located in NY.  Mr. Eren discussed his journey and about the FLII with Apoorva Mehta, Executive Manager, Fashion Law Journal.

What inspired you to pursue this field?

Law is a discipline that intersects with every field and also forms the basis of every field. I can say that this is one of the reasons why I chose law. Fashion Law was a concept that did not exist in Turkey before 2012. After working my clients in the fashion and textile sector and meeting many designers who approached my office for issues such as design protection, company management, expanding abroad, and e-commerce, I researched the legal literature in fashion law that can meet these needs. Accordingly, I found Fashion Law Institute in Fordham University and contacted them. This was my first step. Then, my team and I created the infrastructure on how we can implement this system in Turkey and our story started in 2012.

Tell us about the Fashion Law Institute, Istanbul?

As the second institute established in the world after US in the field of fashion law, we started this journey in 2012. As Fashion Law Institute Istanbul, we spent our first year with infrastructure works, interviews with academies and taking the opinions of our esteemed professors. In 2013-2014, we organized great numbers of free fashion law seminars. In 2014, we opened the Fashion Law Certificate Program for the first time in Turkey, in collaboration with Vakko Esmod Fashion Academy. In the same year, we started our corporate trainings. We provided special trainings for buying, merchandising, VM and design departments and managers of the Turkish leading fashion brands such as Defacto, Koton etc. For the last 5 years, we have been organizing Fashion Law 101-201 trainings twice a year. We also have Fashion Management trainings and case studies. Since 2014, our classes have always been full and we have had students and colleagues who always wanted to learn more about fashion law. We trained approximately 4.000 people about fashion law.

In addition to individual and corporate training, we provide legal consultancy to brands and textile companies.

What are the legal challenges with respect to fashion industry in your country?

The cases we face most are those of infringement, as you can imagine. Turkey is a very strong textile country, however, at the same time, unfortunately we are strong in knockoffs too! The size of the counterfeit market in Turkey exceeds $ 20 billion. Due to knockoff products, the state has 7.2 billion dollars of tax loss, while approximately 100 thousand people cannot be employed due to the existence of this market. According to reports published by OECD and EUIPO in 2016, Turkey is the second largest country in terms of the counterfeiting after China and 1% of Turkey’s exports consist of counterfeit goods.

In Turkey, we are experiencing serious difficulties in practice rather than in theory. In the Industrial Property Law that came into force in 2017, how to protect industrial rights such as trademark, design and patents, and sanctions of violations of these rights are systematically regulated, although there are points to be criticized. However, the problem arises in practice in Turkey. There are strong and efficient laws in theory, but implementation is very, very troubled. Brand owners and consumers give up often searching their rights by saying: “I will have to deal with for years, never mind.” Also, those who have courage and file suit, regret sometimes that, since the costs increase year by year and it takes 3-5 years to have a result. So, the problem is not the law in Turkey, but the process should be modified and facilitated.

Which is the most interesting case you’ve come across so far?

The keyword case between Probendi and Apple. In 2015 The Dublin, Ireland-based software development studio Probendi filed a lawsuit against Apple over the name ‘iWatch’ since Apple used this keyword in the paid promotion on Google search ads. So, when a person googled ‘iWatch’ term, Apple’s official website appeared. However, Probendi was trademark holder of ‘iWatch’ while Apple’s smartwatch named Apple Watch. Probendi’s complaint was as follows: “Apple has systematically used iWatch wording on Google search engine in order to direct customers to its own website, advertising Apple Watch.” This is approximately $97 million worth legal case since an audit commissioned by Probendi valued ‘iWatch’ the trademark at that price. I believe that this sums up the current relation between fashion, fashion law and technology.

What do you think are the consumer protection issues with respect to fashion?

First of all, issues related to fashion products are important. As we all know, production quality is crucial for not only aesthetic perspective but also for the human health. Materials should not harm fashion consumers. Cheap materials can cause skin related problems and health issues. Also, price gouging is one of the issues that we have to confront specially throughout the pandemic. Some retailers take advantage of spikes in demand by charging exorbitant prices for necessities such as masks, protective clothing. In such cases fashion law is here to protect customers and lately social media help more than we can imagine. Consumers use social media as a special alert system that enable us to track the responsible people.

What is the sustainability framework for the fashion industry in your country?

As in the world, we are still trying to improve our current environmental law according to the needs of the era that we are living in. Unfortunately, fashion and textile industry is one of the most polluting industries in the world and since the numbers are climbing up, theory can’t catch the practice as in some cases. Legal measurements can solve some problems but the most important point of this matter is to raise awareness among brands, manufacturers and consumers. However, there are some promising steps being taken for building a legal infrastructure for sustainable fashion. For example, a new regulation is about to take place in customs for the brands that export products including textile, garments and accessories. In this new regulation there will be random tests at the customs for calculating carbon footprint of the products. If the percentage is not low, the manufacturer will be fined and penalized.

What protective measures do you suggest in cases of counterfeiting?

Actually, this question should be replied in a detailed way for explaining every side of the regulations. But briefly, I can say that, in theory Copyright Law and IP Law are effective for the result that you want to have. It depends on the case. In Turkey, fashion designs can be protected as a fine art product in terms of Copyright Law, however, in some cases patterns on the fashion designs should be protected as a design patent, which is a subject of IP Law. Nonetheless, we should analyze the case in detail and decide what it is best in terms of the brand’s/designer’s benefits.

Can you throw some light on Biotechnology and law in Fashion Industry?

While the fashion industry is in search of sustainability, designers and scientists meet in the labs for creating biomaterial-based products in order to fight with the environmental pollution. With the help of biotechnology, today we can create sustainable fabrics and materials by imitating the nature and reprograming cells. The latest ‘bio-material trend’ in the sector is vegan leather. Vegan leather is kind of bio-material that can be made out of mushroom, pineapple, cereal crops, cactus. For example, leading biotechnology company Bolt Threads has launched Mylo, a sustainable and vegan leather alternative out of mycelium (as in mushrooms) that looks and feels like leather. In the beginning of this year Bolt Threads announced consortium with adidas, Kering, lululemon, and Stella McCartney, who will each be bringing vegan leather Mylo products to consumers. In this perspective, you can see fashion law in every step of the way. Since there is a new material invention in the lab, we should talk about IP Law, specially patents. Also Bolt Threads’s collaboration with fashion firms should build on a legal ground and the use of this biotechnology should be determined by law.

Lastly, if not Fashion Law, what would’ve been your career alternative?

I will definitely work with an interdisciplinary approach, connecting creative industries with another branch. For example, nowadays I’m very interested and investing in cryptoeconomy and NFTs. I may be in such kind of businesses.

In a conversation with Apoorva Mehta, Executive Manager at Legal Desire, Mr. Singh talked about one of his most interesting cases along with some tips to mitigate counterfeiting risk factors and how to protect your intellectual property.

What inspired you to get into this field?

I was not inspired, rather back then, I was triggered into relooking, revisiting, and rethinking about my whole professional life by a single shattering and tragic event. A death. It is still as fresh in my mind, as it was ages ago.

Death and human loss, have the potential to unleash human potential and make us embark on a path, which gives us a deep sense of purpose. This is how my journey with IP Rights Protection and Enforcement started. I lost someone very dear, to counterfeit pharmaceuticals. I needed redress and answers, but none came. It also threw up a disturbing question in my mind, if this could happen with me in a big city, then what about the masses in smaller towns, who may be going through similar tragic life-shattering experiences.

My anguish, anger, pain, and that one disturbing question, led me to research IP rights, brands, enforcement against infringement, anti-counterfeiting and I found some law firms in India, involved with IP Protection and Anti-Counterfeiting work but majorly under the softer civil law. Then there was criminal law, with teeth, quick turnaround, to achieve lasting impact in disrupting and obliterating the IP / Brand infringing supply chains and the counterfeit trade. I quit everything and dived deep into the uncharted territory. From a small start, our teams have grown and now we have a pan India presence and I found my purpose.

How do the Anti-counterfeiting and Brand Enforcement raids take place?

Anti-Counterfeit raid actions are the result of our continuous and ongoing investigations – online and offline, market intelligence surveys, embedded in-house investigative human assets in counterfeit supply chains, resulting in a continuous collection of actionable intelligence about counterfeits. Actionable inputs from the foregoing exercise about counterfeits in a geographical territory, the scale of counterfeits of a brand, and the impact, deterrence, and disruption a raid would create in the counterfeit supply chains leads me to step into the shoes of a brand/client to take a decision, to either go ahead with a raid action or not.

The next step is to immediately coordinate with police authorities in real-time, with all the evidence collected against a counterfeiter or a supply chain and then align all the enforcement logistics and carry out the raids on the ground, resulting in seizure of counterfeits, arrests, and registration of criminal cases. Depending on the legal proposition involved in approximately ten percent of the cases, we opt for civil enforcement.

Tell us about your most interesting case?

Frankly, there are just too many of those. But in mid-2017, we were faced with a unique problem. Counterfeits on eCommerce platforms like Flipkart, Amazon, Snapdeal, and Shopclues are being sold for up to 70 % discounts. Honestly, all our client companies/brands and we were caught unaware and had to come with an effective response to this phenomenon of online fakes. We did not understand the online ecosystem, at that point of time, pretext purchases made online got us fake products but with invoices from online sellers which had fake addresses on them. The ecommerce platforms were not cooperative at all. Quick thinking and we became part of that ecosystem through decoy seller accounts on ecommerce platforms, to understand how the entire ecosystem works.

This led us to uncover the entire modus operandi of sellers, with full knowledge of Ecommerce platforms. Next, our investigators continuously tracked, the product/order pickup teams of ecommerce platforms, thereby mapping each online counterfeit seller location in different cities and back to the warehouses of the Ecommerce platforms.

All the data established this to be big, hence I took a decision to let the entire country know about this huge online racket and expose it and we carried out raids against sellers and warehouses of ecommerce platforms for counterfeits and CNN News18 aired the story live from ground zero as it unfolded. In multiple raid actions, dozens of online sellers were arrested along with Managers and Senior Managers from ecommerce platforms who were in charge of those sites/warehouses. This was followed by the live debates and shows, leading to the then Consumer Affairs Minister to come on camera and make a statement that The Consumer Protection Act shall be amended, which was later amended indeed to bring within its ambit Ecommerce platforms.

The links to the above CNN News18 breaking news stories uploaded on our YouTube channel are below:

https://youtu.be/grXwnNgyhSI

https://youtu.be/ilWA4ynKdY8

During raids, what kind of cooperation do you get from local Police and other investigative authorities?

Once we share the actionable inputs with all the legal documentation, then Police authorities promptly respond and assign a police team to accompany us to carry out the raids, wherein, the counterfeiters are arrested, FIRs are registered and counterfeits are seized. The cooperation and timely response of Police in India depends on the level of credibility and reputation, an IP / Brand Enforcement company has built for itself over the years.

I do hope that at some point DRI and GST Enforcement shall start looking proactively at counterfeit supply chains from a money-laundering perspective and GST theft perspective as mandated by PMLA and the GST Act/Rules.

In many instances, the police are wary and skeptical about taking action owing to lots of dubious brand protection agencies and law firms in our domain, who instead of taking the action through to its logical conclusion, as mandated by the law in our country, prefer to and are on the lookout for a settlement with the counterfeiters.

How can the counterfeit risk be mitigated?

Counterfeit risk is best mitigated by a proactive approach, starting with necessary registrations of the IP in question. Next is, for brands to have a zero-tolerance policy towards counterfeits.

(a) Sensitization and training of the sales force in each company, about brand protection and putting in place a system, wherein the salespeople on the ground send in sightings of counterfeits of their company’s brands in the markets in real-time with basic evidence.

(b) Customer awareness and having a dedicated helpline/platform, for customers to share real-time inputs. Making the customers, a part of this fight against counterfeits of respective brands.

(c) Having a credible IP / Brand enforcement program in place, which is outsourced to agencies and law firms with integrity. Integrity is key to the entire exercise, else it is pointless.

What are the precautions a brand holder must take in order to protect its IP?

I always say this to companies and brands. “Protect your reputation. Your good name is your most vital credential and once damaged can’t be easily repaired.”

Must take precautions, would include active monitoring of Brand Enforcement programs, the assessment of impact, market shifts and keeping a watch on the work being done by law firms and brand enforcement companies, to whom IP / Brand Enforcement work is outsourced, plug the gaps at the first instance. Trust but verify.

Lastly, never settle the cases, criminal or civil, against counterfeiters as it sends out the worst possible message to the counterfeit trade and goes on to encourage it. Counterfeiting is all about how the risk and reward equation pans out for a counterfeiter.

Considering the Pandemic, everything has gone digital. How do you handle online cases?

We were prepared and it was easy for us. With immense knowledge and insights, we had gathered in 2017, while working on online counterfeits on eCommerce platforms (B2C) we had put in place tools, SOPs, and methodologies for active tracking, monitoring, trigger, verifications, and actions against online counterfeits on the ground.

Since 2017, we have been hands-on with online space, in the context of counterfeits, from B2C to B2B, Social Media platforms, Messaging Apps, and how counterfeits are pushed through this space. In these years after 2017, we have tracked how the counterfeit trade has found and used newer online tools, but we have been matching each of their steps, by keeping our ears close to the ground. They have been evolving and we have kept an active pace and at times anticipated beforehand, what they may use next to push counterfeits through online channels

Lastly, what do you suggest to young lawyers in this field?

Develop one core area of expertise. Never let go of integrity and transparency. Always remember, Integrity and Transparency are competitive advantages in the long term. Lastly, never take shortcuts.

]]> https://fashionlawjournal.com/interview-how-adv-dhirendra-singh-is-busting-some-of-the-biggest-counterfeiting-syndicates/feed/ 0 https://fashionlawjournal.com/in-conversation-with-advocate-and-director-of-sa-fashion-law-sumaiya-demar/ https://fashionlawjournal.com/in-conversation-with-advocate-and-director-of-sa-fashion-law-sumaiya-demar/#respond Thu, 20 May 2021 12:43:59 +0000 http://fashionlawjournal.com/?p=1431 Fashion Law is a specialised area of law that covers issues relating to the business of fashion, from conception to brand protection. SA Fashion Law is the leading Fashion Law specialist in South Africa, offering a bespoke legal service tailored to the fashion industry. SA Fashion Law was founded by Advocate and Director, Sumaiya De’Mar.

Sumaiya comes from a legal background, and after spending several years working in the legal profession, her love of fashion led to her involvement in numerous projects within the fashion industry. From trend forecasting to fashion designing, styling to editing – through these roles she gained invaluable insight, experiential knowledge and a holistic understanding of this thriving industry.

Ms. De’Mar indulged in a candid conversation with Apoorva Mehta, Executive Manager at Legal Desire Media Insights about her journey in this field.

1. Can you tell us a little about your background in fashion law?

I studied law at the University of South Africa and got my LLB degree with 7 distinctions – with Intellectual Property Law and Media Law chosen as my electives. Worked in the legal profession for several years, after deciding to delve into the fashion industry, which I also studied and worked at for many years before deciding to combine the two industries I love, by identifying a gap in the market for fashion law. My experience and what I’ve learned working in both industries allowed me to do this.

2. Why did you pursue fashion and law?

I pursued law because my grandfather was a lawyer and that was the path I chose to follow. However I was always passionate about all things fashion related and wanted to pursue that passion in its various forms. Ultimately my goal was to merge the two at some stage, however back then fashion law was unheard of in South Africa and just started to develop internationally.

3. What are the major compliances for a Fashion Brand in your country?

The law in South Africa is governed by legislation, which are the Acts. Some of the most important Acts which business owners should familiarise themselves with include:

• Companies Act
• Consumer Protection Act
• Protection of Private Information Act
• Promotion of Access to Information Act
• Basic Conditions of Employment Act
• Employment Equity Act
• Labour Relations Act

These Acts will impact a business on a regular basis, and it is therefore necessary for business owners to understand them in order to avoid legal implications and costly law suits.

4. Why is it necessary for companies in the fashion industry to protect their product through trademark registration?

There are various Trademark infringements that occur in many parts of the world, especially the counterfeit goods market, which thrives on copying brand names and logos, almost identically. Trademark registration therefore protects the owner of the brand and its reputation, especially if the brand has taken years to build up its ‘goodwill’ and good reputation.

5. Is there anything missing in this currently hot topic of fashion trademark industry that you would like to add?

Parodies are an interesting branch of trademarks.

Courts generally define a parody as a work that imitates or mimics another work for comic effect or commentary. There are many examples of parodies out there, like the LV with the words Love Vodka underneath, many Chanel parodies, or the Hermes / Homies hoodies. We don’t have that issue in South Africa as yet, but as per international case law the courts have held that a work is not a parody if it simply exploits the popularity of the brand as a means of attracting more customers, or if there was an apparent likelihood of confusion between the two works, or if the parody has been achieved but it is nonetheless diluting the brand.

6. What will be advice for someone who wish to start a fashion brand?

Choose a name and register your domain. Do your research to make sure you are not infringing anyone else’s intellectual property. Register your company / brand, especially for funding purposes. Get all the proper contracts and agreements in place from the start, especially with an NDA, you could protect your brand from potential infringements / copying. Set up your Employment Contracts, Partnership Agreements, Manufacturing Agreements, Supplier Agreements, Consignment Agreements, etc.

7. Lastly, if not this, what would have been your alternative career option?

I would have been a musician, as music is another love of mine. I am also delving into the music industry and studying music law courses as far as possible, to perhaps incorporate that some time in the near future.