SC: Electricity Dues over 2 Years Recoverable only if Shown Continuously as Outstanding  ||  Allahabad HC Criticises UP Govt for Using Goondas Act as a ‘Tool of Oppression’  ||  Gujarat HC: Complaint Made in Good Faith does not Amount to Defamation  ||  Allahabad HC: Bar Association Membership Disputes Are Private, Outside Writ Jurisdiction  ||  P&H HC: Section 147A Income Tax Act Unconstitutional; Legislature Can’t Override Court Findings  ||  Karnataka HC: Refusing to Return Child’s Volleyball, Asking for Parent Not Abetment of Suicide  ||  Can an IBC Resolution Plan Survive the Death of its Proponent? NCLAT Answers  ||  Supreme Court: Rape Conviction Possible Without S.376 Charge if POCSO Case Fails on Age Proof  ||  SC: Mere Long Possession Can't Establish Adverse Possession; Hostile Intent is Required  ||  Supreme Court Finds Gaps in FSSAI’s Proposed Warning Labels for Foods High in Fat, Sugar and Salt    

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