- Date of judgment
- Judge
- Surya Kant
- Outcome
- Disposed of
Headnote
Appeals dismissed and the rejection of an Order VII Rule 11 application upheld. The Supreme Court held that whether an original artistic work falls within the meaning of "design" under the Designs Act cannot be answered while deciding an application under Order VII Rule 11, which involves only a prima facie inquiry into whether the plaint discloses a cause of action. Ascertaining the true nature of the proprietary engineering drawings is a mixed question of law and fact requiring trial. The Court set out a test for distinguishing an artistic work protected by copyright from a design registrable under the Designs Act, and directed the Commercial Court to apply it, taking an Occam's Razor approach, and to assess separately the claims on literary works, confidential information and know-how.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.