What is difference between Copyright and Design?
The Copyright is an inherent right which comes into existence along with the work under protection. Whereas, design is a statutory right granted by state to the author or owner of the Design. In cases where the work was to be protected under Designs Act and has not been done so, the automatic protection of Copyright extended to it will cease after 50 industrial reproductions. Hence it is advisable to seek protection under Designs Act for the articles of commerce which needs to be reproduced industrially.
Is registration compulsory to avail Design protection?
Yes to avail protection under the Designs Act, the article should be registered under Designs Act. Otherwise, the automatic protection of copyright will cease after 50 industrial reproductions.
What Designs are not registrable under Designs Act?
The following designs are not registrable according to designs act;
- A design which is not novel or original;
- The design which is anticipated by prior use or publication;
- A design which is not significantly distinguishable from known designs or combination of known designs;
- Comprises scandalous or obscene matter;
What is the term of Design Registration?
The term of design is 15 years, subject to the design being renewed after 10 years. The renewal is for another 5 years making the total duration up to 15 years
What are the remedies available for Design Infringement?
The remedies available under the Designs Act are compensation payable which shall not exceed Rs. 50000/- (Rs. Fifty Thousand only). Apart from the compensation we can also pray for injunction
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