Distinction Between Design, Trademark, Copyright and Patent — Intellectual Property Rights II Notes
Distinction Between Design, Trademark, Copyright and Patent
The four great industrial-property rights are easy to blur because a single product can carry all of them at once — a phone has a patented chip, a designed shape, a trademarked logo and copyrighted software. The exam wants you to keep them apart, and a clean comparison table is the answer.
The four rights, side by side
Each right protects a different thing under a different statute:
- Design (Designs Act 2000) — protects the aesthetic appearance (shape/pattern) of an article, judged by the eye. Term 10 + 5 years. Registration compulsory.
- Trademark (Trade Marks Act 1999) — protects a mark (word, logo, symbol) that distinguishes goods/services and indicates origin. Term 10 years, renewable indefinitely. Registration optional (unregistered marks get passing-off).
- Copyright (Copyright Act 1957) — protects original expression in literary, artistic, musical and dramatic works, films and recordings. Term generally life + 60 years. Automatic; registration optional.
- Patent (Patents Act 1970) — protects a new, non-obvious, useful invention (a product or process). Term 20 years. Registration compulsory.
The comparison table (this table is the answer):
| Feature | Design | Trademark | Copyright | Patent |
|---|---|---|---|---|
| Statute | Designs Act 2000 | Trade Marks Act 1999 | Copyright Act 1957 | Patents Act 1970 |
| Protects | Aesthetic look of an article | Distinctive mark / source | Original expression | New useful invention |
| Test | Judged solely by the eye | Distinctiveness | Originality (skill + judgment) | Novelty + inventive step + utility |
| Term | 10 + 5 years | 10 years, renewable for ever | Life + 60 years (usually) | 20 years |
| Registration | Compulsory | Optional (passing-off if not) | Optional (automatic) | Compulsory |
In Simple Terms: Design = how it looks; Trademark = what it is called/its badge; Copyright = an original work; Patent = a new invention. Four different things, four statutes, four terms. A single product can hold all four at once.
🧩 WORKED EXAMPLE — sorting a smartphone’s rights
Facts. A company launches a smartphone with a distinctive curved body, a brand logo, pre-installed original software, and a new battery technology.
Rule. Each element maps to a different right: curved body → design; logo → trademark; software → copyright (literary work); battery tech → patent.
Apply. The body’s look is protected as a registered design (10 + 5 yrs); the logo as a trademark (renewable); the code as copyright (life + 60); the invention as a patent (20 yrs).
Conclusion. The four rights coexist on one product, each protecting a different aspect — the point the comparison question tests.
flowchart TD
ROOT["One product, four rights"]:::root
ROOT --> A["Design — look (Designs Act, 10+5 yrs)"]:::leaf
ROOT --> B["Trademark — badge/name (TM Act, renewable)"]:::leaf
ROOT --> C["Copyright — original work (Copyright Act, life+60)"]:::leaf
ROOT --> D["Patent — invention (Patents Act, 20 yrs)"]:::leaf
classDef root fill:#FFF8DC,stroke:#000,stroke-width:1px,color:#000;
classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
linkStyle default stroke:#888,stroke-width:1px;
Case Laws
- Microfibres Inc. v Girdhar & Co. (2009) — draws the design/copyright boundary.
- Bharat Glass Tube Ltd. v Gopal Glass Works Ltd. (2008) — clarifies what “design” protects, distinct from other IP.
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