Patent and Trademark Services - Some Useful Information

A type of property formed by a person’s various indigenous ideas or intellect mind, which in terms is the result of a person’s intellectual pursuits is renowned as Intellectual property. As a result, intellectual property refers to the development of innovations, industrial product designs, literary and creative works, and symbols that are later implemented in business. In terms of being an artist or designer, a person should be aware of two forms of intellectual property (IP) rights which are copyright and design rights.
Designing and creation are safeguarded by a plethora of intellectual property rights (IPR) as the rights are fundamental elements of creative skills. In the writing copy, copyright and design right are examined.
Copyright
The copyright laws protect the expression of creative ideas and the types of original artwork protected by copyright are -  
1. A collage, sculpture, photograph, or graphic work.
2. A building or model of a building that is an architectural work.
3. An article made with artistic skill.
A pivotal understanding of copyright law allows a designer to protect the designs and helps in covering the design’s utilitarian aspect. For example, copyright can help in a unique print that they make for a piece of clothing. Moreover, the clothing that the printing was completed will not be protected by copyright.
Fashion designers can help safeguard designs for 15 years by taking the copyright law into account under the design act of 2000.
In fact, when the designer selects the following Section 15 of the Copyright registration procedures and executes the registration for industrial actions, the designer is able to benefit from the design protection for the object’s 50th reproduction.
In addition, it is advisable that fashion designers register their artwork in accordance with the rules of the Designs and Copyright law, which means protecting significant rights for the original patent work.
Design Rights
With the introduction of the Designs Act in the year 2000, the Government of India included the advanced provision of safeguarding works with non-functional features in the domain of creative work.
Industrial design patents allow the person exclusive rights for a new jewelry design of a basic functional item. For example, when a person-designs print on cloth, the copyright wouldn’t extend to the cloth. Later, the cloth had an innovative design aspect, which is different from any of the styles that are available while one can apply for a design patent for the same.
Not like to the rights copyright, a registered design grants the proprietor the exclusive rights for the creation of the design, it means that with the rights the actual designer is able to sue someone that infringes on their design even when the design is not copied.
Moreover, Section 11 states that the term of the copyright in design is ten years from registration which may be extended to further for the second period of Five years. As a result, the maximum period of copyright in designs is fifteen years.  
It is hereby pertinent to note that even though efforts are made to clearly distinguish the rights that are available under the designs and the copyright law, however, the similarity in the works that are provided with protection under the laws is such that there are instances where the proprietors themselves are confused as to which sort of protection should they avail for the safeguard of the artistic works.
How The Rights Are Helpful

• Protection of Primary Ideas – When someone arrives with a unique idea, people try to copy that for their own financial gain. As a result, it is essential for safeguarding the IP assets before any third-party breaches that are illegal.  
• Rights Conferred on Owner – The owner of the copyright in a piece of artwork includes the exclusive right for creating copies, sell, or distributing copies. Preparation of derivative works based on the copyrighted artwork, and public display of the artwork.  
• Design Sells – When a company is not able to profit directly from the design developed, it can sell the third parties and make a profit from the design capabilities.
• Creative Ideas into Profitable Assets – Intellectual property rights reward entrepreneurs and foster innovation. Ideas are types that do not have much value of their own. Intellectual property rights are a vast unmet potential for turning actual ideas into a profitable businesses in the modern day. You might be able to use intellectual property registration for helping you transform concepts into wider use of successful goods and services.  
• Ease of Marketing Process – Development of brand awareness of the company that requires the utilization of intellectual property. The ability for identifying the goods and services from other sellers and advertising them to the right customers can be helped by intellectual property.  For distinctive works, artists or designers invest a lot of skill and creativity, which includes – Implementation of © symbol on the artworks such as paintings, drawings, and sculptures.

The Intellectual Protocol laws mentioned protecting the work of a person once it has been produced and help in safeguarding the design phase of the product. Thus, it is concluded that artistic works applied to an article by an industrial process should be registered for the designs to afford any protection to them.