FDCI brings leading Intl legal counsel on fashion to India
29 Mar '07
4 min read
In order to help Indian fashion design fraternity gain a more realistic perspective of making entry into international markets, the Fashion Design Council of India (FDCI) organized a special session on 'Intellectual Property Issues' on the final day of the Wills Lifestyle India Fashion Week Autumn/Winter Showcase, which was held at The Ashok, New Delhi from March 21 to 26, 2007.
Internationally-renowned corporate lawyer Alain Coblence addressed issues pertaining to export and distribution of Indian garments to the United States, positioning Indian brands in the international market and protecting intellectual property rights in the United States.
Mr. Coblence is also the General Counsel with three of the most respected apex fashion designer organizations of the world – US-based Council of Fashion Designers of America (CFDA), with France-based Fédération française de la couture, du pret-a-porter des couturiers et des créateurs de mode, and with Milan-based Camera Nazionale della Moda Italiana.
Addressing the Indian fashion designers, media and other stakeholders of the Indian fashion industry, he pointed out that the Indian fashion companies need to strategically position their brands in the US markets and that the primacy of intellectual property rights is an important component in expanding and protecting the designers' creations.
Emphasizing on the need to be extra careful when doing business in the US, Alain Coblence said, “The US laws are much different and stricter than those in India or the rest of the world. One must take great care before entering into contractual relationships. An Indian designer trying to enter the US should preferably appoint a sales representative instead of a sales agent, because the activities of the agent may be attributed to the designer and the designer may have to bear the legal liability of the agent's actions as well as a tax liability."
"Also, if you are setting shores in the US on your own, you need to keep your US operations as a separate entity, preferably in the form of a US corporation rather than a branch of your Indian company. Creating a partnership or an LLC (Limited Liability Company) may sometimes expose you to branch profit tax as engaged in trade or business there and entitle the US Internal Revenue Service (IRS) to even examine your books here in India."
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