Design registration and copyright are two legal protections available for designs in India. While design registration protects the visual appearance of a product, copyright protects the expression of an idea.
An organisation’s design is considered intellectual property that must be registered to protect its aesthetic appeal. In India, the incorporation and protection of designs are governed by the Designs Act of 2000, which replaced the earlier Act of 1911. Registering your design is mandatory by law to prevent competitors from copying your original idea. Copyright on designs is a form of legal protection that safeguards original works of authorship. It protects the expression of an idea in a tangible form, such as drawings, sketches, or illustrations.
The difference between copyright and design depends on the nature of the design. If the design is functional, design registration may be better, while copyright may be better for artistic designs. In some cases, a design may be eligible for both forms of protection. If you’re a designer or a creator, it’s crucial to protect your work from infringement or copying. Two common forms of legal protection available for designs in India are design registration and copyright. But which one should you choose for your design?
Details on Design Registration
Design registration provides legal protection for the appearance of a product. It is governed by the Designs Act, of 2000, and its rules and regulations. Under design registration, you can protect the visual appearance of your product, including its shape, configuration, pattern, ornamentation, or any combination of these. Design registration grants the owner the exclusive right to use, sell, license, or assign the design, preventing others from using or copying it without permission.
Benefits of Design Registration
Exclusive Rights: Design registration provides exclusive rights to the owner, preventing others from using or copying the design.
Legal Protection: Design registration offers legal protection to the owner against infringement or copying.
Commercial Benefits: Design registration enhances the commercial value of the design, making it easier to license or sell.
Details on Copyright
Copyright is a form of legal protection available for original works of authorship. It is governed by the Copyright Act, of 1957, and its rules and regulations. Under copyright protection, you can protect the expression of an idea, such as literary, artistic, musical, or dramatic works. Copyright grants the owner the exclusive right to reproduce, distribute, perform, display, or create derivative works from the original work.
Benefits of Copyright
Exclusive Rights: Copyright provides exclusive rights to the owner, preventing others from using or copying the work.
Legal Protection: Copyright offers legal protection to the owner against infringement or copying.
Wide Scope of Protection: Copyright protection extends to a wide range of works, including literary, artistic, musical, and dramatic works.
Factors to Keep in Mind to Choose Design Registration Or Copyright
Nature of the Design: If the design is more functional than artistic, design registration may be the better option. If the design is more artistic in nature, copyright may be more suitable.
Scope of Protection: Design registration offers protection for the visual appearance of the product, while copyright protects the expression of an idea. Consider which form of protection aligns better with your needs.
Duration of Protection: Copyright protection lasts for the life of the creator plus 60 years, while design registration protection lasts for 10 years. Consider the longevity of your design when choosing between the two.
Registration Process: Design registration requires formal registration, whereas copyright is automatic upon creation. Consider the time, effort, and cost required for each option.
Combination of Protection: In some cases, a design may be eligible for both design registration and copyright protection. Consider consulting with a legal expert to determine the best course of action.
Which One is Right for Your Design?
The choice between design registration and copyright depends on the nature of your design.
- If your design is primarily functional, such as a machine or a device, design registration may be the better choice as it offers protection to the appearance of the product.
- On the other hand, if your design is primarily artistic, such as a painting or a sculpture, copyright may be the better choice as it offers protection to the expression of the idea.
In some cases, it may be possible to protect a design under both design registration and copyright. For example, if your design is both functional and artistic, you may be able to protect it under both forms of legal protection.
Conclusion
Difference Between Copyright and Design are both important forms of legal protection available for designs in India. While design registration offers protection for the appearance of a product, copyright offers protection for the expression of an idea. It’s crucial to choose the right form of legal protection for your design to ensure it’s adequately protected against infringement or copying.
Vakilsearch’s professionals can assist you in smoothly and effortlessly preparing your design registration. Once you provide a power of attorney, our experts will take care of the registration application and file it with the design wing of the patent office. You will be provided with a design number, which you can use to track the progress of your application.
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