Supreme Court Lays Down Twin Test for Copyright–Design To Resolve Overlap under S. 15(2) of the Copyright Act

The Supreme Court has resolved the ambiguity between copyright and design protection under Section 15(2) of the Copyright Act. 

The court laid down a two-step test to determine : (1) whether the work is purely artistic or qualifies as a design, and (2) whether its primary purpose is functional or aesthetic.

The case involved a 2018 suit by Inox India Ltd., alleging copyright infringement by Cryogas Equipment and LNG Express India over engineering drawings of cryogenic LNG trailers.

The Court held that if a design is used industrially over 50 times without registration under the Designs Act, it loses copyright protection. The case was remanded for trial on factual issues.