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 every one may use without naming it as cosmetics. Thus, cosmetics industry covers a wide range of products that one would ever imagine.
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 every one of us.