Dubai: As traditional garb goes, there is little to match the elegance and seamless flow of the abaya. Then there are the designer abayas which no fashionista can do without.
But where designer brands abound, there will always be fakes. It's a fact of business with which local boutique abaya designers now have to cope. Haute couture abaya designers say their creations are being used by copycats to make cheaper, inferior versions.
"They are copied badly and sold as a brand — it's something that every abaya designer is suffering from in the country," said Sara Al Madani, co-founder of Rouge Couture, a Dubai-based boutique of dare-to-wear abayas.
"It [has] happened to us a lot and it drives you crazy. You think ‘This is my item, what's going on?'."
Sara is not alone in this respect — Lamya Abedin, designer and owner of the couture abaya store Queen of Spades, faces a similar predicament.
"Of course it's a big problem, this is why I do just one piece only," said Lamya, who designs 40 to 80 abayas in one collection. "I limit myself to exclusive pieces. One-of-a-kind pieces are difficult to copy.
"In the beginning, when I first started I used to say ‘Oh no, they copied my design!'. Now I consider it a compliment."
Unique pieces
Patrons of designer abayas usually prefer one-offs that no one else will have a chance to buy. "I have a specific clientele who are like me," Lamya added. "When I wear a piece I don't want anyone to have the same one. It gives confidence to a woman when she sits somewhere and knows this is a unique piece that no one owns but her."
For obvious reasons, designer fakes can in no way compete with the originals in their attention to detail, texture and the finished look. The only advantage the fakes command is in their pricing.
For those abaya designers who want to take the battle to the copycats, the laws of the land allow cases to be filed for copyright violations. But some of them believe these laws do not go far enough.
"Unfortunately, the lack of a fashion copyright law here has given rise to an entire industry that reinterprets," said Reem Bel Jafla, designer and founder of Das Collection.
But a senior official in the Ministry of Economy disputes this. In an email response to a Gulf News query about the law, Fawzi Al Jaberi, director of the copyrights department in the ministry, said fashion designs are protected by Federal Law No 32 issued in 2006 and amended from the Federal Law No 7 of 2002 which protects the "right of the author and neighbouring laws".
"The abaya designs come within the purview of intellectual property rights and are protected by law based on characteristics such as the lines, colours, patterns, use of other materials such as stones and metals, among others," said Al Jaberi.
Under the umbrella of intellectual property comes categories such as trademarks, patents and copyrights. Fashion designs and drawings fall in the copyrights category, according to Omar Obaidat, partner and head of the intellectual property department at the law firm of Al Tamimi.
Even if designers did not register their creative work with the Ministry of Economy's copyrights department, they still enjoy the protection of the law — if they can prove ownership of the design and the date of creation, Obaidat added.
Soft law
Still, some designers are concerned the law lacks teeth. Sara believes the system here is relatively new compared to the solid copyright laws internationally. Moreover, the certificates of design registration from the copyrights department do not detail legal action to be taken in case of violation.
"They are trying their best to build a system that protects you, but you don't expect the [violator] to go to jail, the maximum they will get is a fine," said Sara.
However, Obaidat affirms the UAE copyright law complies with the standard international conventions of the Trade-Related Aspects of Intellectual Property (TRIPS) agreement required by the World Trade Organisation (WTO) of all its member countries.
Under UAE copyright law, the plaintiff can file civil and criminal lawsuits, Obaidat added. They can file a police report, get a public prosecutor's permission to conduct an inspection of the violator's shop, inspect the products and take the case to criminal court.
While most judgments are for fines, there can be cases where people go to jail for copyright violations.
"What is lacking really, though I can't speak for the fashion industry, is when there is a case in a new industry, the enforcement bodies are not well-versed with their problems," said Obaidat. "I'm pretty sure the first software case was not straightforward and smooth. As an industry they should work to meet the authorities, explain their case, and take the protection of the law."
Another problem for designers is that many people here have little respect for copyright laws, Sara said, unlike her international clientele. "They already know that copying a DVD gets you in jail," she said. "This knowledge is built in their software. But here it's not the same. People are not scared about it at all."
But the presence of the laws has brought about steady changes in this mentality.
"Three years ago people were copying without fear. They thought ‘What is the most she can do? Insult me?'," said Sara, who has hired an international intellectual property protection consultant for her online shopping business.
"Now they are copying with fear because they know someone is protecting us. The situation they are put in with the government is enough to lose business and reputation. The procedure makes you lose everything because word of mouth is strong here."
But some designers admit to a sense of futility in starting a legal fight.
"If you look at international brands, the amount of people copying them is out of this world, they can't stop them," said Lamya. It's a lot of work, a headache and going back and forth. No one can make them stop."
But the law has its teeth. "I advise every designer in the market to get copyrights, I've seen businesses being shut down because they got caught copying," said Sara.
Doing the paperwork
- A designer has to register the original work with the copyright department in the Ministry of Economy by completing an application form. This form is submitted along with three photographs of the design and photographs of the applicant. The photographs of the designs must be 20x20 cm. If the application is approved, Dh30 must be paid for the certificate.
- This certification offers copyright protection for life.
- Designers can also apply for industrial design protection. It protects creations, supported by measurements and drawings, that can be used commercially. These rights last only ten years and are non-renewable.
- The certification becomes handy when ownership of the designs is to be proved. However, one is still protected under the law regardless of registration.
- If unregistered, one can prove the authenticity of the design by showing sketches as well as relevant media coverage of it. Or show its launch at a fashion show or exhibition on a set date.
- In case the designs were stolen and copied, the designer can approach a court of law or complain to the copyrights department. This will be forwarded to the censorship department at the ministry, which will investigate the issue and take appropriate measures.
How many different styles of abayas do you own? Would you spend more on a designer abaya?
