Among the various intellectual properties copyright and design are two. Copyright and design are two different forms of IPR law that is widely known as intellectual property right law, that protect different types of intellectual properties in India. If you are in the business world you must be very well aware about the difference between copyright and design but this is the point of great confusion for those who are not aware about the intellectual properties. IPR law is the law which is still evolving. As a result there are many new intellectual properties developing. One of such properties is design registration. Copyright law has been in existence since 1957 but design was a recently developed law which came in 2000. People who think both of them are the same are wrong, there are many difference between copyright and design which has been discussed in this blog.
Types of Two Main Intellectual Properties
In India, two separate types of intellectual property rights that safeguard certain facets of creative works are copyright registration and design registration. There are many difference between copyright and design but before discussing them it’s important to understand them separately. The two most important intellectual properties are discussed below:
Meaning of Copyright
Section 13 of the Copyright Act of 1957 offers protection to authors of various kinds of works, including artistic, musical, cinematographic, and sound recording works. One of the primary distinctions between copyright and patent is this. It is a legal defense afforded to the author’s original work. An author in this context might be any individual who has created art, music, theater, photography, film, etc. Even though copyright registration is not required, obtaining copyright in India is not particularly difficult.
Meaning of Design
Design words are defined under the Design law. Section 2 (d) that is the definition clause of the Design Act 2000 talks about the design. It refers to the aesthetic aspects of an article, including its shape, configuration, pattern, ornamentation, or composition of lines or colors. Design protection aims to safeguard the visual appearance of a product or its features. Some of the key important points of the designs registration are mentioned below:
- Design protection is granted for a specific period, which is initially ten years from the date of registration, extendable up to 15 years.
- Designs must be new and original to be eligible for protection.
- Design registration is required to obtain legal protection, and it must be filed with the Design Office in India.
What are the Key Difference Between Copyright and Design?
There are many difference between copyright and design registration out of which some of the key difference between copyright and design are mentioned or discussed below in the table given below:
| Particulars | Copyright | Design |
| Nature of Protection | Copyright protects original literary, artistic, and musical works which covers expressions of ideas and creativity | Design protection applies to the visual appearance or aesthetics of an article. It safeguards the appearance, ornamentation, or shape of a product. |
| Scope of Protection | It protects the intellectual invention itself, not its practical components, and grants the exclusive right to reproduce, distribute, perform, and display the work. | Protects the specific visual features, not the underlying idea or concept. Primarily focuses on the external, ornamental aspects of a design. |
| Registration Requirement | Registration is not mandatory but provides legal advantages. When a work is created, copyright protection is automatically applied. | Registration is necessary to claim design protection. Design needs to be new and original for registration. |
| Duration of Protection | Generally, it lasts for the lifetime of the creator plus 60 years. The protection period for works written under pseudonyms or in anonymity is 60 years after publication. | Design protection typically lasts for 10 years, renewable for another 5 years. After 15 years, the design enters the public domain. |
| Case Law | In the Supreme Court case of R.G. Anand v. Delux Films, AIR 1978 SC 1613 (Supreme Court of India 1978), a playwright, accused Deluxe Films of copying his play without permission. | In the case of Philips India Ltd. v. Rajesh Bansal, 2008 (38) PTC 1 (Del) (Delhi High Court 2008), a well-known electronicscompany, filed a lawsuit against Rajesh Bansal for selling counterfeit Philips products. The Delhi High Court ruled in favor of Philips India Ltd., stating that Rajesh Bansal had infringed upon Philips’ design rights. The court emphasized the importance of designprotection and the need to prevent unauthorized copyingof the visual appearance of products. This case highlighted the significance of design rights in intellectual property law. |
| Example | Books, music, paintings, software code, etc. | Product shapes, ornamentations, industrial designs, etc. |
Conclusion
Copyright and design are distinct forms of intellectual property in India, governed by different laws, the Copyright Act or Law of 1957 and the Designs Act or Law of 2000. There are many difference between copyright and design. Copyright safeguards the expression of ideas in literary, artistic, and musical works, lasting for the creator’s lifetime plus 60 years. On the other hand, design protection focuses on the visual appearance of a product, requiring registration for legal recognition and lasting initially for 10 years, extendable up to 15 years. The key difference between copyright and design lies in the nature of protection, scope, registration requirements, and duration. Noteworthy case laws emphasize the importance of respecting creators’ rights under copyright and preventing unauthorized copying of visual product designs. Navigating intellectual property rights in India as an individual or business requires an understanding of these distinctions.
