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More specifically, in India, the design act, 2000 protects designs that feature shapes, patterns, ornaments, or compositions of lines or colors applied to any article in two or three-dimensional forms. Under the copyright act in India, an artist may protect an “original artisticwork” if it is expressed in a tangible medium for over 60 years.
COPYRIGHT PROTECTION OF ARCHITECTURAL DESIGNS Under the Copyright Act, 1957, architectural works are protected by Section 2(b) which defines a work of architecture to be any building or structure having an artistic character or design, or a model of such building or structure.
Piracy may be defined as the unauthorized and illegal reproduction or distribution of materials protected by copyright, patent, or trademarklaw which is capable of eating up the whole industry slowly and steadily. Protection under the Designs Act, 2000. Piracy and Fashion Design. Iqbal Singh Chawla&Ors. ,
Intellectual property rights protection to the fashion industry Trademark Act: Trademark Act plays a significant role in preserving a brand’s legitimacy and integrity, which is advantageous for the industry. However, the protection of fashion designs by trademarklaw is not perfected.
The law gives copyright owners a monopoly to exploit and monetize creative works. Copyright protection is afforded to every original literary, dramatic, musical, or other artisticwork, whether published or unpublished. Trademarklaw has something to say about use. His full bio can be viewed here. [1]
Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. Professor Alexandra Roberts has written an excellent recent article on this, Trademark Failure to Function.
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