In the Indian intellectual property system, a clear distinction has been made between the rights available under the Designs Act Designs Act 2000 and the Copyright Act 1957. To avoid overlapping protection under the two Acts, however, due to the similarity of works protectable under these Acts, creators and Manufacturers have often found themselves faced with a very fundamental question regarding the type of protection they should receive when an artistic work is produced. Say no to plagiarism. Get a tailor-made essay on “Why Violent Video Games Should Not Be Banned”? Get an Original Essay As per Section 2(d) of the Design Act, a design has been defined to mean only the shape, configuration, pattern, ornament or composition. of lines or colors applied to any article, whether two-dimensional or three-dimensional, or both, by any industrial, manual, mechanical or chemical process or means, separate or combined, which in the finished article attracts and is judged solely by the eye, but does not include any design, principle, construction or anything which is in substance a mere mechanical device, and does not include a trademark, as defined in clause (v) of the paragraph of section 2 of the Trademarks and Merchandise Marks Act. , 1958. Proprietary marks or artistic works as defined in section 2(c) of the Copyright Act 1957. Pursuant to section 15(1) of the Copyright Act , copyright under the Copyright Act does not subsist in a design protected under the Designs Act. Once a design is registered, the owner waives protection under copyright law. Furthermore, under section 15(2) of the Act, if a design capable of being registered under the Designs Act is not so registered, copyright under the Law on copyright in this design or model will cease as soon as any article on which the design or model has been reproduced more than 50 times by an industrial process by the owner of the design or by any other person holding the license of the owner. In this case, if the applicant does not register the design and makes more than 50 copies of the article with that design, then the owner ends up also giving up the copyright protection under the law. Intellectual property laws protect certain works. under both copyright and design law. At first glance, the law on this point seems rather clear. However, Section 15 of the Copyright Act, coupled with the definition of “design” in the Design Act, makes things slightly tricky. A recent case decided by the Delhi High Court attempted to differentiate between a copyright and a design on the basis of the nature of the work and its industrial application. The judge explained the basic concepts in detail.The lawAn artistic work is a painting, sculpture, drawing (including a diagram, map, table or plan), engraving or photograph, which such work has or does not have artistic quality. . The copyright author has the right to reproduce the work in any material form, including 2D or 3D representation. The definition of a design includes only features of shape, configuration, pattern, ornament or composition of lines or colors applied to any article in 2D or 3D by any industrial process and specifically excludes artistic works defined by the Law on the right.