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Supreme Court of India 2025-04-15 dismissed

Cryogas Equipment Private Limited vs Inox India Limited and Others

Bench: 2 — Surya Kant, Nongmeikapam Kotiswar Singh

In Brief

Cryogas Equipment challenged orders by the Commercial Court and High Court of Gujarat in a copyright infringement suit filed by Inox India Limited. The core dispute concerned whether proprietary engineering drawings for cryogenic storage tanks qualified for protection under the Copyright Act, 1957 or fell within the Designs Act, 2000, thereby losing copyright protection after 50 industrial reproductions. The Supreme Court upheld the High Court's rejection of the preliminary dismissal application, emphasizing that determining whether a work is an "artistic work" or a "design" requires detailed trial-level inquiry. The Court formulated a two-pronged test: first, assess if the work is a pure artistic work or a design derived from one; second, if not copyrightable, apply the "functional utility" test under the Designs Act. The case was remanded to the Commercial Court for trial within one year.

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Intellectual Property Copyright Law Design Law Copyright Act, 1957 Designs Act, 2000 Industrial Design Artistic Works Section 15(2) of Copyright Act Functional Utility Test Civil Procedure Order VII Rule 11 CPC Interim Injunction IP Infringement Comparative IP Jurisprudence International IP Law TRIPS

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