Law plays a vital role in each and every sector that one can think of. The Indian I.P (Intellectual Property) laws play an important role
in shaping various industries that come under the ambit of the intellectual
property. The I.P laws further play a significant role in shaping the cosmetics
industry as well.
The success
of various industries and especially the cosmetics industry is dependent on how
well the laws are formed and implemented. The progress in different sectors is
substantially impacted through the legal systems which regulate those sectors
and so is it with the cosmetics industry. Stronger and effective I.P regime can
drastically improve the cosmetics industry.
The laws need
to be revisited and the conventional outlook requires upgradation. Brands being
so strikingly integrated with feelings and emotions of the consumers cannot be
fathomed to be separate from a name, logo, combination of colors etc. as every
aspect described within the meaning of a mark under the Trademarks Act, 1999
can be attributed towards a brand. Brand in itself is a very broad concept which
keeps itself updated with changing times and trends. Legal upgradation is very
much required. Laws have to be dynamic and they cannot be static as with time
they too require to be amended.
One of the
challenges that the cosmetics industry faces is that of counterfeit and fake
cosmetics which are widely sold in various markets. I wanted to understand the
way in which brands tackle the issue of counterfeits and as I ventured into the
cosmetics arena through timely visits to the market that has a variety of
cosmetics, there was an enlightening statement made by the vendor who informed
me the efficiency of the brand Nivea in tackling counterfeits. According to the
vendor, Nivea is one such brand which has timely and constant raids in the
markets and on finding its counterfeits the brand not only seizes it but also
has heavy fines levied on the vendors who are unauthorized and unlicensed to
sell the products. This is one of the good steps that the brand is taking to
keep its goodwill in the market.
Another
challenge faced by the cosmetics industry is the online fraud. These days
online frauds are rampant. Digital platform has opened new avenues to the
fraudsters to commit crimes online. Counterfeits are not just in the markets
but they could be anywhere right now. They could be on e-commerce platforms as
well. The reviews on a particular site could be manipulated like the window
dressing which is a part of many accounting statements. This era of digital
marketing has its own pros and cons. Many consumers have experienced that the
e-commerce websites have their own flaws. Sometimes there are fake links and on
one click consumers have been misguided to pay and have lost their money
because the sites were not genuine. Thus, always make it a point to
cross-verify the link that you click on.
It’s said
that ignorance is bliss but not in case of cosmetics. Even the slightest of
ignorance can make the consumer pay a heavy price. Learning social media
requires no user manual because of the simplicity and ease that it offers but
caution and alertness is what one needs to practice not just while socializing
with strangers but also when it comes to purchasing from strange sites.
There are
laws in place to tackle the online counterfeit racket but without the support
of the consumers no laws can be a success. Trusting
after verification is the key step towards being vigilant. Conducting
due-diligence is very important. Even the most renowned e-commerce sites can
have counterfeits which can only be tackled through due-diligence.
Another
challenge that the cosmetics industry faces is that of the revenues that get
affected due to the fake cosmetics. The end products that we receive as brands go
through a lot of research and development and this involves labour, time and
energy along with huge investments. The counterfeits can be taxing on the
e-commerce company’s revenue model. Just delisting fraud sellers and banning
the commercials of counterfeit cosmetics is not sufficient. There needs to be a
long-term solution through various software developers which would easily
identify counterfeits and would report about the same to the various stakeholders
of the cosmetic arena. As law has its part to play so also the consumers have
their part to play.
Another
aspect that needs to be looked in these times are the concepts of Trade Dress
and Trade Ambience. These concepts are to be further explored by the legal
stakeholders. A special focus on these concepts would surely ease the
forthcoming issues in this rapidly progressing era. Keeping the changing times
and trends in mind the legal sector can make a huge difference in the way it
deals with various sectors. A switch from the traditional approach along with
holistic acceptability is the only solution for laws to catch pace with the
most prominent and influential T’s namely: - Times and Trends!
The cosmetics
industry is growing at a fast pace. This industry covers a lot of products.
Though, one may attribute cosmetics to mean only lipsticks, eyeliner, etc. but
the definition of cosmetic brings a lot more of items that we each and everyone
may use without naming it as cosmetics.
In India, the Ministry of
Health & Family Welfare legislated 'The Drugs and Cosmetics Act,
1940' and as per S. 3 (aaa) of the Act, 'Cosmetic' means any article
intended to be rubbed, poured, sprinkled or sprayed on or introduced into, or
otherwise applied to the human body or any part thereof for cleansing, beautifying,
promoting attractiveness or altering the appearance and includes any article
intended for use as a component of cosmetic.
This wide definition can
bring soap, oil, shampoo etc. under the ambit of cosmetics. Thus, knowing the
cosmetics industry from a consumer point of view is important because this is
one of the sectors that is an integral part of each and everyone of us.
