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Issues regarding piracy of a design in India

“The designer does not begin with some preconceived idea rather, the idea is the result of careful study and observation, and the design a product of that Idea”. PAUL RAND

Introduction

In today’s world where people are best at imitating or copying everything same goes with the design as piracy has become a great business in today’s world. But the legislation has made laws to protect are intellectual property to bring out fair and healthy competition in the market by implementing some “anti-counterfeiting measures”. In our everyday life we come across objects which have design inserted over them. Those product gets most of the attention of the customers as they have amazing design on them. Design can be drawing, form of art, graphics etc which may be created by professionals such as architectures and engineers.

what is design?

Under design act 2000 “design means features of shape, patterns, mixture of colours, or line which can be applied in two dimensional or three dimensional or in both. Which can be done by any process weather chemically, manually, mechanically, separate are combined together. When a registered design is copied or imitated by a person without the written consent of the registered proprietor for the purpose of sale for economic benefit with having a knowledge of unauthorised application of a design, is known to be done a piracy of a design. The registered design have a copyright of 10 years from the date of registration and can be renewed for 5 years after the expiration of 10 years registration. Section 110 of design act 2000 authorises a register proprietor to have copyright in the design and section 22 safeguards such right of proprietor.

Piracy under The Design Act 2000

Under section 22 (1) of design act 2000 says,that any person other than the registered proprietor of that design perform these following acts can amount to piracy of a design. Those act are:

  1. any person copies or imitates any registered design for the purpose of economic benefits for sale and not for the personal or private use without any written consent of registered proprietor.
  2. Any person who copied or imitated the design should be e in the same class as it was registered before.
  3. If any person commits this during the presence of the copyright in any design or article.

Any of these acts performed by any person not for personal but for sale or economic benefit will be known as piracy of registered design. This section helps to to keep the Novelty and originality of the register design safe and helps in prohibiting any person to commit piracy of registered design. The section also says the compensation as if any civil suit is filed in the name of piracy of a design the compensation will not exceed from rupees 50,000 for the infringement of registered design.

Conclusion

The laws of intellectual property in India needs to get better for the protection of novelty and originality of the work. The laws needs to be clear for the registration process and for protection of the registered work. Even there should be proper remedies including fines. Many designs which can get registered also provide copyright to authors in such cases infringement of both can’t be claimed. The registered proprietor have to decide among the two which can give more benefit to the owner. Every designer wants their design to be unique and as said good design are always remembered. Hence,these laws helps to keep designs original and protect them from people copying them for economic use.

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