When does an artistic work lose its copyright by being applied to industry? Section 15(2) has long made that uncertain. The Supreme Court in Cryogas v. Inox finally laid down a structured, two-pronged test — bringing clarity to one of Indian IP’s most debated overlaps.
The long-running problem
The overlap between copyright (Copyright Act, 1957) and design (Designs Act, 2000) has vexed Indian IP law. Copyright protects original artistic works; industrial designs belong under the Designs Act. Knowing when an artistic work loses copyright after commercial exploitation turned on Section 15(2).
- Section 15(2): copyright in a design capable of registration under the Designs Act ceases once the design is reproduced more than fifty times by an industrial process, unless registered as a design.
- Section 2(d) (Designs Act): a “design” is the features of shape, configuration, pattern, ornament or composition applied to an article by an industrial process, appealing solely to the eye — excluding Copyright Act artistic works unless they acquire the character of a registrable industrial design.
The dispute
Inox India sued Cryogas Equipment and LNG Express India for copyright infringement in its proprietary engineering drawings (and the process written by its employees). The defendants argued the suit wasn’t maintainable — the drawings are a “design” under Section 2(d), unregistered, and reproduced more than fifty times industrially, so copyright ceased under Section 15(2). Inox argued the drawings are artistic works under the Copyright Act.
The Commercial Court rejected the suit; the Gujarat High Court set that aside; the defendants appealed to the Supreme Court.
The two-pronged test
Undertaking a comparative analysis of Indian, US and international jurisprudence, and finding the legislative intent is to harmonise the two statutes, the Supreme Court introduced a two-pronged test:
- Is the work a pure artistic work (Copyright Act), or a design derived from an original artistic work and subjected to an industrial process (engaging Section 15(2))?
- If it isn’t within copyright protection, apply the “functional utility” test — determine the work’s dominant purpose and whether it falls within design protection under the Designs Act.
The Court stressed a case-specific inquiry, guided by statutory provisions, precedents and comparative jurisprudence.
Why it matters
The judgment resolves a long-standing conundrum, clarifying the distinction between artistic works and industrial designs while preserving the legislative balance between the two Acts. It provides a more predictable framework likely to shape future disputes over engineering drawings, product designs, architectural plans and other commercially exploited artistic works.
The takeaways
- A structured two-pronged test now governs the copyright–design overlap.
- First ask: pure artistic work, or industrially applied design? — that decides Section 15(2)‘s bite.
- Then apply “functional utility” — the work’s dominant purpose determines design protection.
- Case-specific inquiry — guided by statute, precedent and comparative law.
Frequently asked questions
When does copyright in a design cease under Section 15(2)? When a design capable of registration under the Designs Act is reproduced more than fifty times by an industrial process without being registered as a design.
What test did the Supreme Court lay down in Cryogas v. Inox? A two-pronged test: first, whether the work is a pure artistic work or an industrially applied design; and if not within copyright, whether the “functional utility” test brings it within design protection.
Does this affect engineering drawings and product designs? Yes — the framework is likely to shape how courts treat engineering drawings, product designs, architectural plans and other commercially exploited artistic works.
What was the dispute about? Inox alleged copyright infringement of its engineering drawings; the defendants said they were unregistered designs whose copyright had ceased under Section 15(2).
Legislation referred to
- The Copyright Act, 1957
- The Designs Act, 2000