By- A B Joshma & Vishalini C, UG Law Students, Sastra Deemed to Be University, Thanjavur, Tamil Nadu
•Abstract
In this generation, not only do people’s ideologies change but also their tastes and preferences. This shift is most visible in the fashion industry. Fashion is a term used interchangeably to describe the creation of various products such as clothing, accessories, cosmetics etc. With changing societal attitudes, the present generation has started to adopt traditional fashion trends and cultural styles which were connected with earlier generations. Cultural appropriation is the adoption of elements - symbols, music, designs, clothing, stories, traditions etc, from a minority community by members of a dominant culture often in an exploitative or disrespectful way. Such combinations often criticise traditional values by using cultural elements without obtaining consent, providing compensation or establishing benefit - sharing mechanism to the innovators. Intellectual property law aims to protect intangible creations by granting exclusive rights to the creators but it fails to adequately protect the community-owned, ancient designs, leaving indigenous creators vulnerable to commercial exploitation. Law or legal systems were established to protect and embrace both historical and upcoming participants of all sectors. Culture often originates from or is attributed to a specific region or location. This paper seeks to critically assess how commercialisation has impacted the legal system and whether mandatory legal framework is more effective than voluntary industrial codes. This paper also evaluates the extent to which legal systems and frameworks protect and recognise indigenous people and their traditional ideas, particularly under Intellectual property (IP) laws. By analysing both positive and negative impacts of cultural shift in the fashion industry and their implications under IP laws , this paper proposes strong recommendations aimed at ensuring equality, dignity and protection to indigenous creators while safeguarding traditional cultural expressions (TCE) through a suitable legal framework , thereby contributing to a safer and equity - based commercial platform.
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