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Should copyright be done before the presentation of the article


14-May-2023 (In Trademark & Copyright Law)
I have filed a copyright for an innovative design for a chocolate box packaging. now i am willing to discuss about this to a chocolate manufacturing company. I want to ask, should i file for design patents before disclosing my design to them, or is it fine that i have a copyright for it under artistic design category. copyright under artistic category would protect my chocolate box design or , should i file it under design patents?
Answers (2)

Answer #1
955 votes
Patent is for innovation and technology, your work can be secured under the provisions of the Designs Act. Copy Right Protection is fine too, you can also secure the color combo or may give a name to your innovatio and secure it under Trade Mark also.

For any negotiations, it is always recommended to secure the IPR work, as it will give a legal weightage to yiur claim.
Answer #2
878 votes
That depends on the design of the chocolate box and its novelty. To be able to file for a design patent you need to provide a new and unique packaging which is not being done in India at the time. If that is the case, then yes - please file a design patent before you share it with the manufacturer.

Copyright only protects the overall look and appeal and art of the chocolate box.

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