SC: Disciplinary Proceedings Cannot Follow if an Officer is Discharged on the Same Charge  ||  SC Clarified the Distinction Between Arbitration “Seat” And “Venue” While Summarising Key Principles  ||  Supreme Court: Wife and Her Family Cannot Be Prosecuted For Dowry-Giving Based On Her Complaint  ||  SC: Plaint Cannot Be Rejected Under Order VII Rule 11 CPC on the Ground of Order II Rule 2 Bar  ||  Supreme Court Has Issued an SOP Prescribing Strict Timelines For Filing Legal Aid Appeals  ||  Madras HC: Dhurandhar 2 Release Cannot be Stalled Due to Objections From a Small Section  ||  Delhi HC: Lokpal May Form Prima Facie Opinion Before Show Cause Notice Without Prior Hearing  ||  Bom HC: Family Courts Cannot Casually Order a Spouse’s Medical Examination to Assess Mental Health  ||  Bombay HC: Child Care Leave Protects Motherhood and Denial Violates Rights of Mother and Child  ||  Supreme Court: Amalgamating Company Loss Cannot be Set Off Against Amalgamated Income    

Ritika Private Limited v. Biba Apparels Private Limited - (High Court of Delhi) (23 Mar 2016)

‘Ritu Kumar’ designs lose copyright battle

MANU/DE/0784/2016

Intellectual Property Rights

The Delhi High Court reiterated a ruling that “once a drawing, a sketch or a design is used for creation of dresses, then, once the dresses cross 50 numbers, no copyright can subsist in the drawing and sketch under the Indian Copyright Act”.

The Plaintiff had claimed copyright ownership of designs sold under the ‘Ritu Kumar’ label and had alleged Defendant to have employed former employees of Plaintiff, who possessed relevant trade knowledge, to create prints and garments imitating its copyrighted designs. Instead, the court accepted Defendant’s counter that once copyright in a design was applied to an article by an industrial process more than 50 times, ownership of copyright ceased and the article had to be registered under the Designs Act for continued protection. It also rejected Plaintiff’s arguments that copyright work was excluded from the definition of designs. It opined, Section 15 of the Copyright Act simply required the copyright work be ‘capable of being registered’, whether or not it fell under the definition of the Designs Act was irrelevant.

Relevant : Microfibres Inc. Vs. Girdhar & Co. & Anr. MANU/DE/0647/2009 Section 15 Copyright Act, 1957

Section 2 Designs Act, 2000

Tags : RITU KUMAR   DESIGNS   COPYRIGHT   INDUSTRIAL PROCESS  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved