Design vs. Copyright: SC's Cryogas Judgment Creates Definitive Twin Test

Introduction

The Supreme Court of India has provided much-needed clarity on the distinction between copyright and design protections under Indian law. The case, Cryogas Equipment Private Limited and Others versus Inox India Limited and Others, has been pivotal in elucidating the boundaries between intellectual property (IP) regimes, particularly in the context of industrial designs and artistic works. The Court has established a twin test to determine the applicability of Section 15(2) of the Copyright Act, 1957, which addresses the overlap and friction between copyright and design protections

Background of the Case

The dispute originated from a lawsuit filed by Inox India Limited (Inox) against Cryogas Equipment Private Limited (Cryogas) and LNG Express India Private Limited (LNG Express) for alleged copyright infringement. Inox claimed that the defendants had infringed its proprietary engineering drawings and literary works related to the design and