Chapter III - Copyright
Section 15
Section 15: Special provision regarding copyright in designs
Section 15 sets the boundary between copyright and design protection for product appearance.
On this page
Need advice on Section 15?
This article is for general information. Refer to the Copyright Act, 1957 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) Copyright shall not subsist under this Act in any design which is registered under the Designs Act, 2000 (16 of 2000).
(2) Copyright in any design, which is capable of being registered under the Designs Act, 2000 (16 of 2000) but which has not been so registered, shall cease as soon as any article to which the design has been applied has been reproduced more than fifty times by an industrial process by the owner of the copyright or, with his licence, by any other person.
Applicability and limits
First check whether the design is registered under the Designs Act. For an unregistered but registrable design, count industrial reproductions of articles carrying it by the owner or a licensee; the statutory trigger is more than fifty, not fifty.
This section addresses copyright in a design. It does not by itself decide whether a particular visual feature qualifies as a registrable design or extinguish every other right in a product.
Hypothetical example
Hypothetical: a furniture maker applies a registrable, unregistered ornamental design to 51 chairs through an industrial process. Section 15(2) becomes relevant; the business should assess the design classification and reproduction evidence before claiming copyright protection.
Practical steps and evidence
Record design creation and registration status.
Document the articles, production process and reproduction count.
Assess any Designs Act protection separately before sending infringement notices.
Practical checklist
Do
- Record design creation and registration status.
- Document the articles, production process and reproduction count.
- Assess any Designs Act protection separately before sending infringement notices.
Avoid
- This section addresses copyright in a design. It does not by itself decide whether a particular visual feature qualifies as a registrable design or extinguish every other right in a product.
Glossary
- Registrable design
- A design capable of registration under the Designs Act, 2000.
- Industrial reproduction
- Reproduction of an article carrying the design by an industrial process.
Frequently asked questions
Does registration under the Designs Act affect copyright?
Yes. Section 15(1) says copyright under the Copyright Act does not subsist in a design registered under the Designs Act.
Is the trigger fifty reproductions?
No. Section 15(2) says more than fifty reproductions, with its other conditions satisfied.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026