The Interface Between Copyright and Design Law: Overlaps, Conflicts, and the Way Forward in India

Introduction

The boundary between copyright and design law in India is often blurred, creating confusion for creators, businesses, and legal professionals alike. While copyright law aims to protect artistic, literary, and musical works, design law protects the visual aspects of an industrial product. However, there are cases where the aesthetic features of a product—such as a painting or sculpture used in industrial design—could qualify for protection under both copyright and design law.

This blog analyses the interface between these two legal regimes, examining how their overlaps and conflicts affect rights holders and industry stakeholders. Additionally, it outlines a way forward for harmonizing these two laws, providing a coherent framework that protects creators while fostering innovation.

Understanding Copyright Law in India

Copyright law in India is governed by the Copyright Act, 1957, which provides protection for original works of authorship, including artistic, literary, dramatic, and musical works. The primary goal of copyright law is to protect the creator’s intellectual labor by preventing unauthorized copying or use of their work. Copyright protection arises automatically once a work is created and lasts for 60 years after the death of the creator.

In the context of artistic works, copyright covers the expression of ideas, but not the ideas themselves. This is especially relevant when a copyrighted artwork is used in a product design. For example, a sculptor's work may be protected by copyright, but if the same sculpture is mass-produced as a commercial product, design law may come into play.

The Scope of Design Law in India

Design law in India is governed by the Designs Act, 2000, which focuses on the protection of the aesthetic features of a product, such as its shape, configuration, pattern, or ornamentation. To be eligible for design protection, the design must be new and original and capable of being applied to a product intended for commercial production.

Design rights provide protection for the appearance of a product for a period of 10 years, which can be extended by an additional 5 years. Unlike copyright, design rights do not protect functional aspects but rather the visual appeal of an article, making it crucial in industries such as fashion, home décor, and consumer goods.

The Overlap: Where Copyright Meets Design

The overlap between copyright and design law occurs in cases where a product’s aesthetic features are both artistic and commercially applied. For instance, a painting on a canvas is clearly protected by copyright, but if the same painting is reproduced on a fabric used for mass-produced garments, design law may offer protection as well.

Example: Artistic Works Used in Industrial Design

Consider the case of a handcrafted sculpture that is both a piece of art and an industrial product. Under copyright law, the sculpture as an original artistic work is protected. However, if the sculptor decides to mass-produce the sculpture as a commercial product, it becomes subject to design law.

This leads to a key issue: Can an artistic work enjoy protection under both copyright and design law simultaneously, or must the creator choose one form of protection over the other? This dilemma is central to the overlap between the two regimes and has led to legal conflicts in India.

Legal Conflicts and Jurisprudence

The conflict between copyright and design law in India has been the subject of numerous court cases. The issue often arises when a party seeks to exploit the commercial potential of a work that was initially protected by copyright but later became eligible for design protection.

Case Study: Ritika Private Limited vs. Biba Apparels Private Limited (2016)

In this case, Ritika, a fashion brand, sued Biba for copying its original embroidery patterns, which were protected under copyright law. Biba argued that the patterns had been applied to garments and, therefore, should be protected under design law rather than copyright. The court ruled that once an artistic work is applied to commercial articles, it loses copyright protection and must be registered under design law to be eligible for legal protection.

The 'Once Applied, Copyright Lost' Doctrine

Indian courts have adopted a stance where once an artistic work is applied to a functional product, it loses its copyright protection and must be registered as a design. This is known as the “once applied, copyright lost” doctrine. However, this approach has its critics, particularly among artists and designers who feel that the original creativity behind the work should continue to be protected under copyright, even when commercially applied.

The Way Forward: Harmonizing Copyright and Design Law

To address the conflicts between copyright and design law, a more harmonized approach is needed. Below are some key recommendations that could help reconcile the two regimes and provide clearer guidance for creators, businesses, and legal practitioners:

A. Dual Protection for Artistic Works

One potential solution is to allow for dual protection in cases where the artistic work retains its originality, even after being applied to commercial products. For example, a unique embroidery design used in fashion could be protected under copyright for its artistic merit, while its application on garments could be protected under design law. This would provide creators with more comprehensive protection without forcing them to choose between the two regimes.

B. Shorter Registration Timelines for Designs

For businesses, particularly startups and SMEs, the current timeline for design registration (which can take up to 12 months) is too long. During this period, their designs are vulnerable to copying and piracy. Streamlining the design registration process could help businesses protect their designs more quickly and reduce conflicts with copyright law.

C. Clarification on the “Once Applied” Doctrine

There is a need for clarity in the law regarding when and how copyright protection is lost once an artistic work is applied to a commercial product. One solution could be to introduce a transitional period where creators can enjoy both copyright and design protection, giving them more time to decide on the best course of action for their intellectual property.

D. Encouraging Licensing Agreements

Another way forward is to encourage licensing agreements between copyright holders and businesses that wish to use artistic works in commercial products. By facilitating such agreements, creators can retain copyright while allowing for commercial use, thus avoiding the conflicts that arise from the current legal framework.

Practical Implications for Creators and Businesses

Understanding the interface between copyright and design law is crucial for creators and businesses alike. Here are some practical steps to navigate the complexities:

A. Early Registration

Whether seeking copyright or design protection, early registration is key. Creators should register their artistic works with the Copyright Office and consider filing for design registration if they plan to apply their work commercially.

B. Legal Advice

Creators and businesses should seek legal advice to determine which form of protection is best suited for their works. Intellectual property lawyers can help guide them through the registration process and advise on how to avoid conflicts between the two regimes.

C. Contracts and Licensing

Businesses that wish to use copyrighted works in their products should always ensure they have the necessary licenses or agreements in place to avoid infringing on the creator’s rights.

Conclusion

The interface between copyright and design law in India presents both opportunities and challenges for creators and businesses. While the two regimes serve distinct purposes, their overlaps and conflicts can lead to legal uncertainties, especially in cases where artistic works are commercially applied. Moving forward, harmonizing the laws to allow for dual protection, clarifying legal doctrines, and streamlining registration processes will help resolve these conflicts and provide clearer guidance for all stakeholders involved.

By taking proactive steps, such as early registration and legal consultation, creators and businesses can better protect their intellectual property and capitalize on the value of their innovative designs.