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ARTICLE · 19 AUGUST 2022

Overlap Between Copyrights And Designs In India

Khurana & Khurana, Advocates and IP Attorneys
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Intellectual Property Rights exclusively ensure monopolistic protection for the creators, owners and innovators of certain works and innovations.

IndiaIntellectual Property
Tanya Saraswat
Tanya Saraswat
Khurana And Khurana
Khurana And Khurana
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Intellectual Property Rights is a bundle of exclusive rights and hence, at times, the overlap between two types of protection is bound to happen. Such an overlap is quite unavoidable. One such blurred line is drawn between designs and copyrights. Consider a situation. Company 'A' created certain original and artistic patterns which it uses as prints for upholstery fabrics. Simultaneously, another Company 'B' was also in the business of manufacturing and selling upholstery. It came out with the similar design. Consequently, 'A' alleged the latter for copyright infringement. B contended that the works of 'A' must have been protected under Designs and thus, there is no ground for infringement.

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