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Copyright Design Overlap. This overlap could be a hazard in the coming times, having economic implications. Copyright protects an artistic work.
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The section states that copyright is not going to subsist in a design that has been registered under the designs act, 2000. The effect of the overlap provisions is that an artist may make unlimited 2d reproductions of their design and remain protected under copyright law, however if they make a small number of 3d reproductions of the same design (“industrially apply” the design), copyright protection is lost. The overlap between designs and copyright.
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The rationale is simple in theory. This is because the copyright act contains provisions (often referred to as the copyright/design overlap provisions) which are intended to prevent dual protection for things which should really only be protected under the designs act 2003. No, a design object generally cannot be protected by both copyright law and designs law at the same time. The issue of overlap between the design and copyright has been addressed in section 15 of the copyright act, 1957.
