Interface between The Designs Act, 2000 and The Copyright

Act, 1957, with critical focus on difference and/or overlap of

the copyright protection provided to an “Original
artistic work” and Industrial Design protection provided to a
commercial design derived from the “Original Artistic
Work”

ABSTRACT

Although the definition of ‘design’ as per section 2(d) of

the Designs Act, 2000 excludes “Original Artistic Work” as
defined under section 2(c) of the Copyright Act, however in
practice, designs are often created based on an Artistic
Work. In such situation, there is close interaction between the
Designs Act, 2000 and the Copyright Act, 1957. I will attempt to
highlight the area of overlap, or lack thereof, in the protection
afforded by both the acts to “Original Artistic Work” and the
commercial design based on it, especially in view of section 15
of the Copyright Act, 1957 and the Judgement of the Hon’ble
Delhi High Court in Microfibres Inc vs Girdhar & Co. & Anr,
2009 SCC OnLine Del 1647.

Kumar Bhaskar
3 year LLM
210620144039@law.du.ac.in