JUDGMENT

Mukul Mudgal, J. This appeal bearing RFA (OS) No.25/2006 arises out of the judgment of the learned Single Judge dated 13th January, 2006 in Suit No. 1480/2002.

2. Since certain common issues arise in this appeal and the other two appeals i.e. FAO (OS) No. 326/2007 filed by Dart Industries Inc. and FAO (OS) No. 447/2008 filed by Mattel Inc., on the question of interpretation of Section 2(c) of the Copyright Act read with Section 2(d) of the Designs Act and Section 15(2) of the Copyright Act and their interplay with each other, we have permitted the parties in the connected appeals also to make submissions on the common legal principles arising in these appeals. However, the aforesaid two appeals bearing FAO(OS) Nos. 326/2007 and 447/2008 will be taken up for hearing on facts and other pleas after the pronouncement of the judgment in the present appeal bearing RFA(OS) No. 25/2006 in the appeal titled Microfibres v. Girdhar & Co. and Anr.

3. The appellant manufactures and sells upholstery fabrics with designs derived from the original and unique artistic works either conceptualized or drawn by its employees or by assignation of the copyright in such artistic works to the