Cryogas Equipment Private Limited vs Inox India Limited 2025 INSC 483 - Copyright Act - Design Act

Copyright Act - Section 15(2) ; Designs Act - There may be some designs that could be entitled to copyright protection, and conversely, there can be certain artistic works which lose their copyright protection when industrially applied (Para 17)- The original artistic work, which initially enjoys copyright protection, does not lose the same merely because a ‘design’ derived from it has been industrially applied to create a product. While the expression ‘artistic work’ has a broad spectrum, ‘design’ is restricted to specific features such as shape, configuration, pattern, ornamentation, or composition of lines or colours, applied to an article through an industrial process, resulting in a finished product that appeals to the eye. These visually appealing features, when applied industrially, define a ‘design’ under the Designs Act. (Para 58)- Two-pronged approach in order to ascertain whether a work is qualified to be protected by the Designs Act. This test shall consider: (i) whether the work in question is purely an ‘artistic work’ entitled to protection under the Copyright Act or whether it is a ‘design’ derived from such original artistic work and subjected to an industrial process based upon the language in Section 15(2) of the Copyright Act; (ii) if such a work does not qualify for copyright protection, then the test of ‘functional utility’ will have to be applied so as to determine its dominant purpose, and then ascertain whether it would qualify for design protection under the Design Act.The courts, while applying this test, ought to undertake a case- specific inquiry guided by statutory provisions, judicial precedents, and comparative jurisprudence. It must be kept in mind that the overarching objective is to ensure that rights granted under either regime serve their intended purpose without unduly encroaching upon the domain of the other.(Para 60-61)

Code of Civil Procedure 1908- Order VII Rule 11 ; Copyright Act ; Designs Act - The question as to whether the original artistic work would fall within the meaning of ‘design’ under the Designs Act cannot be answered while deciding an application under Order VII Rule 11 of the CPC. This stage would involve only a prima facie inquiry as to the disclosure of cause of action in the plaint. The question pertaining to ascertaining the true nature of the ‘Proprietary Engineering Drawings’ involves a mixed question of law and fact and could not have been decided by the Commercial Court at a preliminary stage based upon such a casual appraisal of the plaint averments. (Para 67)

LawLens - AI-Driven Legal Research for Indian Laws

Discover AI-powered legal research tools for Indian law professionals

AI-Driven Legal Research for Indian Laws