Driven by a global focus on ethical practices and sustainability, the jewellery business is going greener. From ethical sourcing to certified recycled products and bio-jewels, industry innovations are increasing to meet the needs of socially conscious buyers.

With the global luxury jewellery market expected to grow beyond €330bn by 2026, there is every reason for brands to focus on sustainability while also prioritising intellectual property protections. These trends are playing out around the world, especially in India, which ranks second in global revenue generation and fourth in gold recycling.

Interestingly, Indian women collectively hold around 24,000 tons of gold, or 11% of the world’s total gold reserves. This exceeds the combined gold reserves of the top five gold-holding countries: the US, Germany, Italy, France and Russia. In India, gold has deep cultural and emotional significance because it signifies wealth, security and prosperity. It is also a staple in weddings, festivals and religious ceremonies through which women secure financial security in traditional family structures. For ages, gold has been passed down through Indian generations, an age-old example of sustainability in action.

Embracing sustainability

These deeply embedded cultural practices are a valuable springboard to scale up sustainable behaviour. Prominent Indian jewellery manufacturer Titan is a case in point. In 2022, its brand Mia by Tanishq announced the use of 100% recycled gold for manufacturing jewellery.

This mirrors growing international trends. Gold mining generates approximately 20 tonnes of carbon dioxide emissions per kilogram, while each carat of diamond mined produces around 1.5 tonnes of carbon dioxide. Because of these environmental concerns, sustainable alternatives are gaining traction. McKinsey & Company and Business of Fashion‘s State of Fashion 2021 report suggested that nearly 70% of luxury consumers consider sustainability an important factor in their purchasing decisions. The report also said that by 2025, 20% to 30% of global fine jewellery sales will be influenced by sustainability considerations, from environmental impact to ethical sourcing practices.

Several luxury jewellery brands are on track to meet key environmental benchmarks. For example, Bulgari uses 100% recycled gold in its watches and jewellery. In 2022, Prada launched its Eternal Gold collection, featuring 100% certified recycled gold. Danish jewellery brand Pandora, after discontinuing the use of mined diamonds, announced its shift to using entirely recycled silver and gold in all its jewellery by 2025, a move expected to save 37,000 tons of carbon dioxide equivalent annually. Notably, Titan’s jewellery division has set ambitious sustainability goals of becoming carbon-neutral and water-positive in manufacturing by 2030.

India’s Gem and Jewellery Export Promotion Council recently announced it was revising wastage norms (effective 1 January 2025). Per the revised provisions, wastage of 2.25% is now allowed in handmade jewellery of gold and platinum (from 2.5% previously), and 3% in silver jewellery from 3.2% previously. For gold and platinum jewellery made by machines, wastage of 0.45% is allowed; for silver, it is down to 0.5%.

Bio-jewellery and ethical sourcing

Sustainable jewellery is not limited to using recycled materials like gold, silver and gems but extends to every aspect of production and the supply chain including fair wages to labourers, eco-friendly product packaging, local community impact and development, using recycled water and reducing carbon footprint, among other considerations.

Bio-jewellery, or bio-jewels, made from organic, nature-sourced materials is another sustainable alternative gaining momentum. These pieces often feature plant-based or recycled elements, offering a stark contrast to traditional jewellery that relies on precious metals and gemstones. For example, Tangerine, recognised as India’s first bio-jewellery brand, creates unique pieces using everyday kitchen spices. Other designers incorporate materials, such as wood, shells, bones and dried flowers into their collections.

In addition to recycling initiatives, many international brands are focusing on the ethical and sustainable sourcing of materials. For instance, Chopard was one of the first to publicise its commitment to using only ethically sourced gold. Since 2018, it has used 100% ethical gold in its jewellery and watches; this is gold that is mined without harmful chemicals or forced labour. Similarly, Tiffany & Co. is working towards achieving 100% traceability of all gold, silver and platinum used in its products, including those from third-party suppliers. Meanwhile, Prada utilises blockchain to verify the authenticity of its sustainable jewellery, allowing consumers to trace every step of a product’s journey, from sourcing to production.

Other examples include Swiss watchmaker Hublot’s partnership with Nespresso to create the Big Bang Unico Nespresso Origin in 2023, a revolutionary timepiece crafted from recycled coffee grounds and aluminium capsules. The watch’s design demonstrates the potential of circular production, incorporating recycled materials into the case, bezel, crown and straps. Similarly, luxury brand Boucheron launched its Jack de Boucheron Ultime collection in 2022, made from Cofalit, a material derived from recycling an industrial by-product of asbestos.

Protecting innovation through intellectual property

Of course, innovation must be protected.

India’s legal framework for protecting jewellery designs revolves around two key statutes: The Designs Act of 2000 and the Copyright Act of 1957. The Copyright Act safeguards the sketch or blueprint of a jewellery design under the category of an artistic work, while the Designs Act protects unique physical attributes that lend visual appeal to a product, such as its shape, configuration, pattern, colour combination and surface ornamentation.

Section 15(1) of the Copyright Act excludes copyright protection for works eligible for registration under the Designs Act once they are registered. Similarly, Section 2(d) of the Designs Act, 2000, reinforces this exclusivity by prohibiting the registration of any artistic work already covered under Section 2(c) of the Copyright Act. However, Section 15(2) of the Copyright Act introduces an exception if a design eligible for registration under the Designs Act is not so registered, it can be protected for up to 50 reproductions by an industrial process under the Copyright Act. Upon the making of the 51st reproduction, copyright ceases.

Section 15(2) has been the crux of many legal battles, particularly where artistic vision and design innovation must align with commercial manufacture. Conflict is especially apparent when considering handmade goods. Section 15(2) of the Copyright Act of 1957 does not cover “handmade reproduction” of designs; however, it is not always clear how this applies to handcrafted items.

In Pranda Jewelry v Aarya 24K, the court held that the drawings, as well as the reproduction of the drawings in gold plate in a three-dimensional form, both constituted separate artistic works. The reasoning was that “what is produced is the artistic work itself”. However, the court added that even though the gold sheet items are designs, and not artistic works, it has not been shown that there have been more than 50 applications.

The reasoning employed in a 2024 decision by the Delhi High Court in Bulgari S.P.A. v Prerna Rajpal Trading as The Amaris Flag is perhaps clearer. Italian luxury brand Bulgari claimed that the defendant’s Shield-It Necklace was a substantial imitation of its iconic Serpenti Ocean Treasure Necklace. It asserted that the Serpenti Necklace included distinctively placed elements such as its unique form, shape, manner of depiction and arrangement, which created a unique original expression qualifying as an ‘original artistic work’ within the meaning of the Copyright Act, 1957. It further claimed that the vision of the Serpenti Necklace began as a sketch on paper, followed by handcrafting into a three-dimensional product.

The court said that the defendant’s Shield-it Necklace bore a strong resemblance with Bulgari’s Serpenti Necklace, in terms of design, structure, colour scheme and ornamentation placement. Also, Bulgari’s Italian copyright registration was sufficient to demonstrate ownership of the artistic work in India. Further, Bulgari’s contention that the bar placed by Section 15(2) of the Act was not applicable, was found to be meritorious because (a) the threshold of 50 reproductions had not been crossed, and (b) the necklace was not manufactured through an industrial process. Thus, Bulgari was successful in obtaining an interim injunction in its favour.

Brands also try to use patents to protect their jewellery designs. To qualify for patent protection, an invention must meet three essential criteria – novelty, inventive step and industrial applicability. Under traditional interpretations, jewellery designs often do not satisfy these requirements. However, with technology penetrating every space, the jewellery industry has been innovating significantly. For instance, sustainable alternatives have received patent registrations. The manufacture of synthetic diamonds is one qualifying example. Other examples include a Finland-based design and lifestyle brand introducing jewellery made of sustainable Sulapac materials, a patented bio-based alternative for conventional plastics.

Radha Khera is an intellectual property, fashion and luxury law attorney with more than a decade of legal experience. She joined Indian law firm Remfry & Sagar in 2012 and has worked extensively with the firm’s intellectual property and fashion law practice. She is also a trained fashion lawyer, completing her second-level Masters in Fashion Law from Luiss Guido Carli, Rome. She can be reached at [email protected].