Smart shirts, wearable technology and intelligent fabrics have changed the fashion and sportswear business and both the knowns and nobodies are keen to reap the benefits. Subhash Bhutoria, Partner and Shrita Suri, Fashion lawyer, both at Krida Legal, look at the legal implications of this technological advent.
In a special issue of LIFE magazine, published in 1998, Sarvint Tech’s Smart shirt technology was listed as one of the 21 breakthroughs that could change life in the 21st century. Now the market is flooded with smart wears and devices, ranging from polo tees to wrist watches to jewellery. With IoT becoming a new normal, as well as the growing health consciousness amongst the public and easy availability of products, the market of smart clothing and wearables is seeing tremendous growth worldwide. Competing companies range from Fortune 500 to tech startups. Technology is used to create and use big data and hence its widespread application in smart wearables and clothing is obvious.
The technology of smart wearables and clothing involves extensive research, development, designing and branding, which are protected under various intellectual property rights. Wide application of technological components and process provide avenues for creating exclusivity as well as to generate revenue from licensing. In 2014, Sarvint technologies sued several leading sports apparel brands, including Adidas and Ralph Lauren, for allegedly infringing upon its patent of a novel fabric based sensor for monitoring vital signs. Adidas had also filed a patent infringement suit against Under Armour alleging infringement of its MiCoach athletic activity monitoring system. For the niche market of smart wearables and athleisure, patent plays an extremely crucial role and hence is valued immensely. Further, design is integral to smart wearables and clothing. In fact, news reports suggest that Mr. Paul Deneve of YSL joined Apple Inc. to design the Apple watch. A great amount of time and resources is often involved in creating the right design to make wearables attractive, appealing and comfortable to wear. In addition to the brand, the design elements also become important for differentiating the products of one from the other and hence are an important IP for the owner. In India, apparels are largely subject matter of design protection and the design of smart wearables and athleisure can be protected under the said regime.
Injury to the individual
Smart wearables and athleisure also pose a risk of providing inaccurate information, which may result in harm or injury to the wearer. In the past, wearables were recalled for causing skin irritation. Smart wearables function autonomously, which increases their liability more than that of other products.
Smart wearables and athleisure are increasingly used by the public and hence it is important that the owners of such technology must take into consideration the laws relating to these products. Smart wearables almost nullify human intervention and hence fixing liabilities on account of any misuse, defect or deficiency, may become a challenge for all the stakeholders.