What is an unregistered design under the intellectual property act?

An unregistered design under the Intellectual Property Act refers to a design that automatically enjoys a degree of protection without the necessity of formal registration. This form of protection does have its limitations in terms of scope and duration, but it nonetheless establishes a legal right that enables the creator to take action against unauthorized copying and use of their design.

The correct answer reflects that the design prevents others from copying it, as it provides some measure of exclusive rights to the creator, although these rights might not be as comprehensive as those obtained through formal registration. This means that while others may freely create similar designs, they are legally barred from directly copying the specific details of the protected design.

In contrast, the concept of a design allowing others to copy it without restriction fundamentally contradicts the essence of intellectual property protection, which is intended to safeguard the creator's work. Similarly, the idea that a design cannot be modified by the creator is inaccurate, as creators typically retain the right to alter or improve upon their designs. Lastly, while a design may gain automatic protection upon creation, this typically applies to registered designs rather than unregistered ones, which require a demonstration of originality and, in some cases, prior use to assert their rights effectively.