Using the expression Copyright in Design seems to be a misnomer because the design has no resemblance to the copyright under the Copyright Act. The copyright of an industrial design is governed by the provisions of the Indian Designs Act, 2000.

Copyright in design means the exclusive right conferred on a design to the creator of it. There should be no confusion with the exclusive right granted for the literary and artistic work as copyright under the Copyright Act.

However, there might be situations when certain designs can qualify for registration under both the Acts i.e. the Designs Act and the Copyright Act. If a design is registered under the Designs Act then it will not be eligible for protection under the Copyright Act. In the case where design is capable of registration under the Designs Act but it is not registered there then the copyright on such design will subsist under the Copyright Act, but if the article to which that design had been applied and it is reproduced for more than 50 times by an industrial process by the owner of the Copyright or with owner’s license by any other person then in such case the copyright granted under the Copyright Act ceases to exist. Therefore, it can be followed that those industrial designs which are not registrable under the Designs Act will get protection under the Copyright Act only when it comes within the ambit of Section 13 of the Copyright Act as an original artistic work.

Section 11 of the Designs Act, 200 provides that for the registered designs the period of copyright will be of 10 years from the date of the registration. However, the original period of 10 years may be extended for another term of 5 years from the date of expiry of the original period of 10 years. Therefore, the maximum period of copyright in designs under the Designs Act is of 15 years.

In Samsonite Corporation v. Vijay Sales (1998), the plaintiff was a manufacturer of bags of soft and hard luggage and of other superior quality, innovative design, and sells under the umbrella trademark SAMSONITE. The trademark is registered in 59 countries including India. The plaintiff was the owner of technical know-how in new products and product improvements including drawings and prototypes prepared in this respect. Based on such drawings, it launched a range of suitcases that were widely advertised in in-flight magazines and newspapers in India. The defendant contended that the features which are claimed by the plaintiff are in the public domain as the features were all matters of shape and configuration which were aesthetic, ornamental, and visual, and even appeals to the eye. The Court held that the drawings were only a sort of instructions given to shape an article which is to be manufactured and that they were designs that are capable of registration. The purpose and the intention are the relevant criteria to determine whether the said drawings are designs under the Designs Act and the Copyright Act, whatever may be the nature of the drawings. As the said designs were not registered the plaintiff lost the copyright protection under Section 15(2) of the Copyright Act.

Thus, by the ratio in this case intention is made a relevant factor in deciding whether or not a particular design can be registered under the Designs Act, 2000. The Designs Act, 2000 and the Copyright Act,1957 should be construed harmoniously.

If a drawing is made to use in the further manufacturing process then it will qualify as a design capable of registration. But, in the absence of this, a drawing cannot fall under the provisions of the Designs Act until and unless it has been applied to an article.

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts that have been made to ensure the accuracy and correctness of the information published, White Code Legal and Tax shall not be responsible for any errors caused due to human error or otherwise.