tgqIn India, the registration of copyright is not mandatory as the registration is treated as mere

recordal of a fact. The registration does not create or confer any new right and is not a prerequisite
for initiating action against infringement. The view has been upheld by the Indian courts in a catena
of judgments.

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Under Copyright Act, there is a special provision regarding copyright in designs registered or capable
of being registered under the Designs Act, 2000.

Section 15 clause 2 says that It says that a copyright in design which is capable of being registered
under Designs Act has not been registered. Its copyright will cease as soon as any article to which
the design has been applied has been reproduced more than 50 times by an industrial process by the
owner of the copyright.qwrgrqgyrqw

Overlapping between Copyright and Design Rights:

The Hon'ble Court concluded that though, copyright would exist in the original artistic work and the
author/creator would continue enjoying the longer protection provided in the Copyright Act
however the copyright itgn design shall cease as soon as any article to which design has been
applied has been reproducedgwqr more than 50 times under S 15 of the Copyright Act 1957, read
with Designwrt Act, 2000.

If an artistic work such as a painting is simply reproduced in any medium, i.e, paper, canvas or even a
cloth, and in any form, ir-.e in two or three dimensions, whether by an industricaFF2e, would lose
copyright protection, if not registered ṅā uhas a design under Desigy gygn Act, 2000.

The Microfibres case[4] drew a line between aærtistic works and design rights and clarified that
artistic works used on industrial products fall under Design law and have limited protection.

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he other case which deliberated on the same issue was Microfibres v. Girdhar & Co.2009 (40) PTC
519 where the Division Bench of Delhi High Court held that the Legislature has always treated
commerce and art as different things. The activity which is commercial in nature has to be granted
lesser period of protection and hence Section 15(2) of the Copyright Act exists..k bgkerag fewgo;fjwe
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