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    Overlapping of Copyright and Design Right

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    Chandrika Tewatia Raj
    Copyright law protects original creative works such as literature, art, music, and film. Design law protects the visual appearance and features of industrial products. There can be some overlap between copyright and design rights when a design is both artistic and intended for industrial reproduction. For designs capable of both copyright and design protection, copyright lasts until the design is industrially reproduced over 50 times. The document discusses the differences and similarities between copyright and design rights in India, using examples of case law to illustrate how protections may overlap for certain designs.

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    © All Rights Reserved
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    Overlapping of Copyright and Design Right

    Uploaded by

    Chandrika Tewatia Raj
    269 views12 pages
    Copyright law protects original creative works such as literature, art, music, and film. Design law protects the visual appearance and features of industrial products. There can be some overlap between copyright and design rights when a design is both artistic and intended for industrial reproduction. For designs capable of both copyright and design protection, copyright lasts until the design is industrially reproduced over 50 times. The document discusses the differences and similarities between copyright and design rights in India, using examples of case law to illustrate how protections may overlap for certain designs.

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    Overlapping of Copyright and Design Right

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    © © All Rights Reserved

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    Copyright law protects original creative works such as literature, art, music, and film. Design law protects the visual appearance and features of industrial products. There can be some overlap between copyright and design rights when a design is both artistic and intended for industrial reproduction. For designs capable of both copyright and design protection, copyright lasts until the design is industrially reproduced over 50 times. The document discusses the differences and similarities between copyright and design rights in India, using examples of case law to illustrate how protections may overlap for certain designs.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    269 views12 pages

    Overlapping of Copyright and Design Right

    Uploaded by

    Chandrika Tewatia Raj
    Copyright law protects original creative works such as literature, art, music, and film. Design law protects the visual appearance and features of industrial products. There can be some overlap between copyright and design rights when a design is both artistic and intended for industrial reproduction. For designs capable of both copyright and design protection, copyright lasts until the design is industrially reproduced over 50 times. The document discusses the differences and similarities between copyright and design rights in India, using examples of case law to illustrate how protections may overlap for certain designs.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 12

    COPYRIGHT

    VS.
    DESIGN RIGHT
    OVERLAPPING OF COPYRIGHT
    AND DESIGN RIGHT

    WHAT DOES COPYRIGHT PROTECT?


    The overall object of the Copyright law is to
    protect:
    ORIGINAL WORK : literary , artistic,
    dramatic or musical works
    DERIVATIVE WORK : based or derived from
    pre-existent original work i.e. films,
    photographs,
    translations,
    editions,
    adaptations etc.
    OTHERS : typographical arrangements,
    sound recordings, broadcasts, performances

    TERM OF PROTECTION UNDER


    COPYRIGHT
    The term of Copyright is one of the longest.
    The author or the creator enjoys a monopoly
    for the lifetime plus an additional period of
    60years.

    Hence,

    the

    standard

    Copyright

    duration is the lifetime of the creator plus


    60years.

    WHAT IS PROTECTED UNDER


    DESIGN LAWS?
    Design laws protect the features of shape,
    configuration,

    pattern

    or

    ornament

    or

    composition of lines or colors applied to any


    article whether in 2D or 3D or in both forms by
    industrial process or means, whether manual,
    mechanical or chemical, separate or combined
    which in the finished form appeal to and judged
    solely by the eye.

    THE DESIGN RIGHTS APPLY TO: Appearance of whole product or part of the
    product i.e. industrially reproduced.
    To the external features only that is judged
    solely by the eye.
    Design
    er
    Pen

    Designer Shoes

    COPYRIGHT IN DESIGNS ACT AND


    COPYRIGHT ACT
    The term Copyright in Sec 2(c) of the Design Act
    to mean exclusive right to apply a design to any
    article in any class in which design is registered.
    However, Copyright is Sec 14 of the Copyright
    Act is defined to mean an exclusive right to
    authorize the doing of any of the acts prescribed
    there in.
    Therefore, the expression Copyright has a
    different meaning and connotation in both
    Intellectual Property related enactments.

    OVERLAPPING OF COPYRIGHT &


    DESIGN RIGHT
    Though, the concepts are quite different but can
    overlap each other when a particular design(i.e.
    artistic in nature) is a subject matter of Design
    protection but there is also a possibility of
    Copyright protection for the same design as
    well.
    Thus, registration of a design, i.e. artistic in
    nature, is the area where overlapping exists.
    There will be works that are protectable under
    both Copyright law as well as Design law.

    SECTION 15(2) OF COPYRIGHT ACT,1957


    Section 15(2) :- Copyright in any design which
    is capable of being registered under the
    Designs Act but which has not so been
    registered, shall cease as soon as any article to
    which the design has been applied has been
    reproduced more than fifty times by an
    industrial process by the owner of the
    Copyright, or, with his license, by any other
    person.

    Thus : Copyright does not reside in design


    registered under the Designs Act.
    Design capable of being registered, but
    which has not been so registered
    enjoys copyright protection.
    Copyright shall cease as soon as any
    article has been reproduced by
    application of the design by an
    industrial process for more than fifty
    times.

    SAMSONITE Corp. Vs. VIJAY SALES


    The suit was filed in
    Delhi High Court in 1998.

    The plaintiff instituted the


    suit against the defendant
    stating that the defendants
    infringed their Copyright
    in the drawings.
    The travel case was a three
    dimensional representation

    SAMSONITE Corp. Vs. VIJAY SALES


    The honble High Court of Delhi held that
    Where the design is likely to be used for
    industrial production, i.e. more than fifty
    articles will be produced of the same design
    through an Industrial process, Copyright
    protection under the Copyright Act cannot be
    claimed.

    CONCLUSION
    The type of protection chosen for the
    protection of rights in a design is a delicate
    issue which if not considered properly would
    let the owner regret later on.

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