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[Part I] Cryogas Judgment: Supreme Court Stops Copyright from ‘Gaslighting’ Design

SpicyIP

Inox India Limited and Others , Aditya Bhargava discusses the jurisprudence on the difference between copyright and industrial designs and the two-pronged test to distinguish between the two intellectual properties adopted by the Court in this case. Inox India Ltd.

Design 59
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[Part II] Cryogas Judgment: Supreme Court Stops Copyright from ‘Gaslighting’ Design

SpicyIP

Part II] Cryogas Judgment: Supreme Court Stops Copyright from Gaslighting Design By Aditya Bhargava In the first part of the post, I looked at how jurisprudence has evolved from the Microfibres case in 2006 up to the present case in Cryogas. This became known as the functional vs. aesthetic dichotomy in design cases.

Design 59
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Demarcating the Boundaries: The Supreme Court’s Twin Test for Resolving Copyright and Design Conflicts Under Section 15(2)

Intepat

Introduction The intersection between copyright and design law has long been a contentious and evolving area within Indian intellectual property jurisprudence. Yet, over time, confusion has persisted regarding what qualifies as a “design” and when copyright ceases. & Anr. This new ruling addresses that.

Design 52
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Choosing the Right Intellectual Property Protection

IIPRD

All the creations of the human minds such as designs, inventions, artistic works, names, symbols, etc. Image Sources: Shutterstock] Key Features: Registration of trademark is mandatory for protection against infringement, but not against passing off. Key Features: The work must be original.

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Industrial Design under The Design Act, 2000

IP and Legal Filings

The Designs Act, 2000 (“the Act”), is a complete code in itself and protection under it is totally statutory in nature. It protects the visual design of objects that are not purely utilitarian. Designs are registered in different classes as per the Locarno Agreement. These classes are mainly function oriented.

Design 97
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Bombay High Court Rules that Copyright Registration of a Label is not Compulsory

Kashishipr

The label in question was designed by an employee of SK Oil Industries. Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. As per NTC’s statement, both SSPL and SK Oil Industries couldn’t claim copyright in the artistic work. Bombay High Court’s Decision .

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Assessing the Cryogas Judgment from the lens of Section 52(1)(w)

SpicyIP

Inox India Limited and Others , is the latest addition to the jurisprudence on the interplay between copyright and designs. The Court agreed, stating that the flanges were functional parts , not artistic works, and using the technical drawings to make such components did not constitute copyright infringement.