The Overlap Between Copyright and Designs in India, EU and the UK – A Case for Overhaul of the Indian Legal Framework

The Overlap Between Copyright and Designs in India, EU and the UK – A Case for Overhaul of the Indian Legal Framework

Rajendra Kumar   26 February, 2022

Rajendra Kumar & Amit Sindhwani

Why is there a cross-over between design and copyright?

It is generally recognized that an industrial design constitutes the ornamental and aesthetic appearance of an article whether in two (2D) or three dimensional (3D) forms.

A few examples:

Novel Pattern on Pottery
Novel Shape of an Iron Box
Novel Shape of a Chair
Novel Shape of a Golf Stand

A 2D drawing for a 3D mass-produced article qualifies at once as an artistic work under copyright law with its longer ‘life plus fifty years’ term and a shorter-term design right. An artistic work is bought purely and simply for its artistic properties.

Rajendra Kumar

Founding Partner