The Overlap Between Copyright and Designs in India, EU and the UK – A Case for Overhaul of the Indian Legal Framework
Abstract
The primary beneficiaries of design protection are both short-lived fancy articles (such as toys, furniture, fashion designs, mock jewellery etc.) and longer-life articles (such as automobiles, designer watches, electronic products etc.). Since design protection is dependent on prior registration, only producers of articles with a longer shelf-life find commercial and legal sense in undergoing the rigours and expenses of such registration. On the other hand, there is no similar commercial imperative for short-term articles, given their myriad forms as ephemeral as the changing public tastes, fads and conventions.
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