COPYRIGHT OR INDUSTRIAL DESIGNS: WHICH IS A BETTER PROTECTION-Copyright basically refers to rights of organisations and individuals to works they have created or own. It arises at the moment a work is created and fixed in a certain material form, irrespective of its content, quality, form, mode and language and irrespective of whether or not such work has been published or registered. Industrial design on the other hand refers to rights owned by any individual or organisation in the outward appearance of product embodied in three dimensional configuration, lines, colours or combination of elements. It is eligible for protection provided it is novel, involves an inventive step and is industrially applicable
1. News of the day as mere items of information;
2. Legal instruments, administrative and other documents in the judicial domain, and official translations of such documents;
PROTECTION AS INDUSTRIAL DESIGN
Industrial design intellectual property rights are protected in India by the Designs Act of 2000. Under this, registration offers the proprietor ‘copyright’ in the design, i.e. exclusive right to apply a design to the article belonging to the class in which it is registered. All models that are registered find their place in the Register of Designs, Kolkata.
COPYRIGHT IN DESIGNS – A SPECIAL PROVISION
Section 15(2) of the Copyright Act discusses special provision regarding copyright in designs registered or capable of being registered under the Designs Act, 2000, whereby it is stated that copyright in any design, which is capable of being registered under the Designs Act, 2000 but which has not been so registered, shall cease as soon as any article to which the design has been applied has been reproduced more than fifty times by an industrial process by the owner of the copyright or, with his licence, by any other person.CONCLUSION
It can thus be deduced from the discussion above that an original “artistic work” is different from a “design”. Even if the original drawing or artistic work is used to industrially produce an article, the original drawing will still be entitled to full term protection under the Copyright Act. It will be safe to say that copyright protection is a better and higher protection.For any query you can mail us at infoknowledgentia consultants.com or visit our website -https://knowledgentia.com/.
