LEGAL LEARNING by Shri Ganpati Jurists
Design vs. Copyright – Supreme Court Clarifies IP Confusion!
Date: April 15, 2025
⚖️ Key Update: The Supreme Court has clarified the overlap between copyright and design rights under Section 15(2) of the Copyright Act.
What You Must Know:
1️⃣ Artistic Work doesn’t automatically lose copyright just because it’s used in product design.
2️⃣ BUT — if it’s reproduced industrially over 50 times and is capable of registration under the Designs Act, then copyright ceases unless it's actually registered under the Designs Act.
Court’s Two-Pronged Test:
✔️ Step 1: Is it an artistic work or a design applied through an industrial process?
✔️ Step 2: If not eligible for copyright, apply the functional utility test —
Is it primarily functional or aesthetic?
Only aesthetically dominant works qualify under the Designs Act.
Takeaway:
If your design is industrial and repeated, get it registered under the Designs Act to protect it.
Don't rely on copyright alone — you might lose it!
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