Question

Which provision of the Copyright Act, 1957 deals with copyright in design which is registered under the Designs Act, 2000?

• A. Section 15
• B. Section 16
• C. Section 21
• D. Section 23

Hint:

Section 15 of the Copyright Act acts as a bridge to the Designs Act, ensuring that you cannot claim protection under both laws for the same industrial design.

Answer 1

The Correct Option is A

This question deals with the overlap between copyright law and design law in India.
Section 15 of the Copyright Act, 1957, is the key provision that prevents "double protection" for the same creation under both acts.
It states that:
Copyright shall not subsist under the Copyright Act in any design which is registered under the Designs Act, 2000.

Furthermore, if a design is capable of being registered under the Designs Act but has not been, the copyright in that design will cease as soon as any article to which the design has been applied has been reproduced more than fifty times by an industrial process.
This section essentially forces a creator to choose one form of protection for an industrial design.