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The Right of Authorship in Industrial Design

Summary/Abstract: The article examines the institute of authorship of an industrial design, which many often confuse with the copyright protected by the Copyright and Neighbouring Rights Act (CNRA). The law recognises right of authorship in favour of natural person who creates the registered industrial design. This right remains perpetual and non-transferable and enjoys the protection of the Industrial Design Act (IDA), irrespective of the protection it may receiveunder other laws. This article clarifies the concept of design right by examining its legal characteristics. It focuses on determining who may hold the subjective right of authorship. The discussion distinguishes between the right of authorship and other similar legal institutions. It differentiates it from the right of application, the copyright protected under CNRA, and the subjective right which arises in favour of the right holder after registration of the applied design occurs. The analysis further considers the protection that the IDA grants to the right of authorship in industrial design.

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