A Doctrinal Analysis Of Industrial Designs Under The Purview Of Section 52(1)(W) Of The Copyright Protection Act
Sakshi Kothari, O.P. Jindal Global University
ABSTRACT
Industrial design is essential for product differentiation and commercial success in today's cutthroat global marketplace. Industrial design definitions and protections under intellectual property laws, however, are complicated and differ between international accords. Using Section 52(1)(w) of the Indian Copyright Act as its focal point, this essay addresses the difficulties and uncertainties associated with the protection of industrial designs under copyright and design regulations. The relationship between industrial design and copyright is examined, as are the restrictions on design protection and any potential conflicts between aesthetic expression and functionality. In order to promote innovation and preserve a competitive edge in an expanding 2D and 3D design world, the paper also highlights the necessity for a thorough and understandable framework for industrial design protection. The report recommends topics for reform in India's intellectual property laws to solve the issues presented by developing technologies and ensure effective protection for industrial designs by using the example of New Zealand's design protection procedures.
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