The Freedom 251 — billed as India’s cheapest smartphone (about US$4) — launched with icons that looked suspiciously like Apple’s. When asked, the maker’s tech head said “Apple hasn’t copyrighted its designs.” That’s exactly the misconception worth clearing up.
The controversy
Ringing Bells launched the Freedom 251, and reports flagged copyright infringement — the phone used Apple-lookalike icons. Asked about it, the company’s technical head reportedly said: “We used Apple’s icons because Apple hasn’t copyrighted its designs.”
That response captures a widespread misunderstanding: businesses in India often aren’t aware of IP law (even the Prime Minister’s Office faced a copyright controversy over an allegedly unlicensed photograph). Different IP streams protect different aspects of a product, and understanding them makes all the difference. A simple internet search would have shown Apple is serious about its IP — it has tried to register its icons as trademarks and even registered its store layout.
Copyright arises automatically
The core point: ignorance of the law is no excuse. India is a member of the Berne Convention, so works published in Berne/Universal Copyright Convention/WTO countries get the same protection in India as if published here. And critically:
Copyright protection begins the moment a work is created and expressed — irrespective of whether any application for protection is filed.
So “they haven’t copyrighted it” is not a defence: no registration is required for copyright to exist. Apple’s icons are protected on creation, in India as elsewhere, and copying them can infringe — quite apart from any trademark rights Apple holds in them.
The lesson
Before you borrow icons, designs or other creative works, understand that:
- copyright is automatic — no notice or registration needed;
- the Berne Convention extends that protection across borders; and
- a quick search and legal advice can save you from an avoidable infringement.
The takeaways
- Copyright arises on creation — “they didn’t register it” is no defence.
- Berne gives cross-border protection — foreign works are protected in India automatically.
- Icons can be both copyright and trademark — Apple protects them multiple ways.
- Do your diligence — a search and advice beat an infringement claim.
Frequently asked questions
Do I need to register copyright for it to exist? No — copyright arises automatically the moment a work is created and expressed; registration is optional and mainly provides evidence.
Does “they haven’t copyrighted it” mean I can copy it? No — that’s a misconception; the work is protected on creation regardless of registration, so copying it can infringe.
Are foreign works protected in India? Yes — under the Berne Convention (and related conventions/WTO membership), works from member countries get the same protection in India as domestic works.
Can an icon be protected by both copyright and trademark? Yes — an icon can be an artistic work (copyright) and also a registered trademark, as Apple’s are.
Useful official resources
- The Copyright Act, 1957
- WIPO — Berne Convention