In Sept. 1990, XYZ Pvt. Ltd. started manufacture of Cetadine Microbicidal solution consisting of a Providone Iodine combination which is being marketed in pack sizes of 100 ml and 500 ml bottles under the trademark CETAD

Section 2(c) of the Copyright Act defines "artistic work" as, a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic quality; a work of architecture; and" any other work of artistic craftsmanship; Therefore, to qualify as an artistic work, the work need not possess high quality of art. A work can be artistic even with de minimus artistic quality. However, the work must be an original expression of thought i.e. the work must have "originality" to qualify as an artistic work under the Copyright Act. The expression in the work should be the result of application of skill and judgement on the part of the artist creating the work, that is, the artist must have applied more than some mere mechanical exercise in order to create the work. Delhi High Court in the case of, Marico Ltd vs. Mrs. Jagit Kaur , has allowed the rectification application of Marico Ltd (hereinafter referred to as the "Appellant") holding that the artistic work for the label of Mrs. Jagit Kaur (hereinafter referred to as the "Respondent") "NIHAL UTTAM" is not an original work under section 13 of The Copyrights Act, 1957. It was held that the Respondent's said label is a substantial reproduction and a colorable imitation of the Appellant's "NIHAR COCONUT OIL". Adoption of identical and/or substantially similar setup, layout and color combination on its Providone Iodine Solution by R. Pharma works on its bottles would amount to infringement and consequent damages. In the present case, it amounts the infringement of copyright which vests with XYZ Pvt. Ltd. The act and conduct of R.Pharma works would amount to passing off.