Copyright Rules, 1958

Rule 16(3)
Copyright Act, 1957
Sections 2(c)(d), 15 (2), 17 and 50
Designs Act, 2000
Sections 2(d)
Designs Rule, 2001
Schedule III

HELD
In the given context the products for which mark is being used is detergent powder. In order to ensure that the product for which label is being used relates to a product mentioned in the Third Schedule of the Designs Rules, 2001, it is clear that the gamut of that Schedule is wide enough to include any industrial product. The products in question can relate to class 28-03 - Toilet articles. In any case, Class 99 bearing heading Miscellaneous with the entry thereunder "Note.-Includes all products not included in the preceding classes." is wide enough to include any industrial product. In the counter statement, the respondent has given his sale figures beginning with 1990-91 and the most recent figures relate to 2006-07 which is to the tune of Rs. 37,49,725. The fact that the 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 is self evident from the volume of sale. Hence, the copyright in the design registered as copyright under the impugned registration has ceased to be effective.