Case Note & Summary
The plaintiff, Photoquip India Limited, filed a copyright infringement suit against Delhi Photo Store and Sunlight Industries, alleging that the defendants were manufacturing and selling flash lights that were indistinguishable from the plaintiff's products, which were based on technical drawings owned by the plaintiff. The plaintiff claimed copyright in the technical drawings (Exhibits A and B) and in the moulds used to manufacture the products. The defendants argued that there was no subsisting copyright in the drawings because they lacked artistic value, that the plaintiff had pirated from the defendants, and that any copyright would vest in the plaintiff's Swiss principals. The court, after hearing arguments, found that the defendants had produced no independent drawings and that their products were identical to the plaintiff's. The court held that copyright subsists in technical drawings as artistic works under Section 2(c) of the Copyright Act, 1957, and that reproduction in a three-dimensional form constitutes infringement. The court also held that the plaintiff, as employer, was the first owner of the copyright under Section 17. The court granted an interim injunction restraining the defendants from infringing the plaintiff's copyright.
Headnote
A) Copyright Law - Artistic Works - Technical Drawings - Section 2(c), Copyright Act, 1957 - Copyright subsists in technical drawings as 'artistic works' irrespective of artistic merit - The court held that technical drawings are protected under copyright law, and reproduction in a three-dimensional form without license constitutes infringement (Paras 1-3). B) Copyright Law - Infringement - Reproduction in Three-Dimensional Form - Section 14, Copyright Act, 1957 - Reproduction of a two-dimensional artistic work in a three-dimensional form amounts to infringement - The court held that the defendants' products were indistinguishable from the plaintiff's, and the defendants failed to produce any independent drawings, leading to a finding of infringement (Paras 2-3). C) Copyright Law - Ownership - Employer's Rights - Section 17, Copyright Act, 1957 - Where a work is made in the course of employment, the employer is the first owner of copyright - The court held that the plaintiff, as employer, owned the copyright in the drawings made by its employees (Para 1).
Issue of Consideration
Whether the Plaintiff has a prima facie case of copyright infringement in technical drawings of flash lights, and whether an interim injunction should be granted.
Final Decision
Interim injunction granted restraining Defendants from infringing Plaintiff's copyright in the technical drawings.
Law Points
- Copyright subsists in technical drawings as artistic works
- Reproduction in three-dimensional form constitutes infringement
- No requirement of artistic merit for copyright protection
- Ownership of copyright in drawings made during employment vests with employer
- Injunction granted where defendants failed to produce independent drawings
