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No. It is not possible to have concurrent registration of both Design and Copyright to cover the shape and appearance of the goods.

Normally, an Applicant would be tempted to protect the shape and appearance of the goods by declaring the goods either as an artistic work or a sculpture because of the easier method of acquisition longer duration of protection and no obligation to pay renewal fee.

However Section 15 (1) of the Copyright Act makes it clear that Copyright shall not subsists concurrently with design.

Section 15 (2) further makes it clear that if an article is capable of being registered under the Designs Act but which has not been so registered, the copyright protection shall cease as soon as the article has been reproduced more that 50 times by an industrial or mechanical process.


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