What are the two types of protection offered by the Intellectual Property Act?

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The response identifying registered designs and unregistered designs as the two types of protection offered by the Intellectual Property Act is accurate. This distinction is important because it highlights the mechanisms through which designs are legally protected in various forms.

Registered designs provide a formal legal safeguard for new and original designs, allowing the creator exclusive rights over the design for a specified period, usually up to 25 years, subject to renewal. This registration process lends legal credibility and can deter potential infringements, as registered designs are publicly listed and can be enforced in court.

Unregistered designs, on the other hand, are protected automatically under certain conditions, typically through rights that arise from the design being published or used commercially. This provides a basic layer of protection for designs without the need for formal registration, although the duration and the extent of protection may be limited compared to registered designs.

Recognizing both forms of design protection is essential for understanding how creators can safeguard their intellectual property and prevent unauthorized use of their work. The inclusion of both types reflects a comprehensive approach to design protection in intellectual property law, ensuring that designers have avenues for both established and emerging designs.

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