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ARTICLE · 16 OCTOBER 2017

No Copyright Lies With Any Work Registrable Under The Designs Act, 2000

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The drawings of the ATL devices of the Plaintiffs, therefore, are registrable under the Designs Act. The said drawings have not been registered under the Designs Act.

IndiaIntellectual Property
Suchi Rai
Suchi Rai
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INTRODUCTION:

Delhi High Court recently disposed-off the suit filed by the Holland Company LP seeking injunction to restrain S.P. Industries from manufacturing or selling Automatic Twist Lock [ATL] and spare parts in 3-D form, evolving from the 2-D artistic work of Holland Company LP in the form of industrial drawings.

Plaintiff sought an interim injunction restraining defendant from manufacturing a product on the grounds that it was infringing the plaintiff's copyright on its engineering drawings. The plaintiff Holland Company LP and its Indian Partner, claimed to have invented "automatic twist locks" – ATL, to help secure containers on the railcars. The system is used by the Indian Railways which put out a tender for procurement of the ATL systems.

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