Protection Of Engineering Drawings – Copyright vs Design

Supreme Court recently examined interplay between copyright and design protection in a dispute concerning infringement of intellectual property rights regarding the design and manufacturing of internal parts of cryogenic storage tanks and distribution systems used for transporting industrial gases and liquefied natural gas (LNG). The judgement addresses the maintainability of the appeals and the application of the Copyright Act and the Designs Act in the context of intellectual property rights related to cryogenic storage tanks.

The core dispute revolves around whether the 'Proprietary Engineering Drawings' qualify as drawings under Section 2(c) of the Copyright Act or whether they fall within the definition of a 'design' under Section 2(d) of the Designs Act.