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Patents Act, 1970 (39 of 1970) Chapter XVIII

Title: Suits Concerning Infringement of Patents

State: Central

Year: 1970

.....prayed for. Explanation.A mere notification of the existence of a patent does not constitute a threat of proceeding within the meaning of this section. Section 107 - Defences, etc., in suits for infringement (1) In any suit for infringement of a patent every ground on which it may be revoked under section 64 shall be available as a ground for defence. (2) In any suit for infringement of a patent by the making, using or importation of any machine, apparatus of other article or by the using of any process or by the importation, use or distribution or any medicine or drug, it shall be a ground for defence that such making, using, importation or distribution is in accordance with any one or more of the conditions specified in section 47. Section 107A - Certain acts not to be considered as infringement 1[107A. Certain acts not to be considered as infringement For the purposes of this Act,- (a) any act of making, constructing,2[using, selling or importing] a patented invention solely for uses reasonably related to the development and submission of information required under any law for the time being in force, in India, or in a country other than India, that.....

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Copyright Act, 1957 Chapter XI

Title: Infringement of Copyright

State: Central

Year: 1957

.....theprovisions of sub-clause (ii) of clause (a), sub-clause (i) of clause (b) andclauses (d), (f), (g), (m), and (p) shall not apply asrespecis any act unlessthat act is accompanied by an acknowledgement- (i) identifying the work by itstitle or other description; and (ii) unless the work isanonymous or the author of the work has previously agreed or required that noacknowledgement of his name should be made, also identifying the author; 13 [(z) themaking of an ephemeral recording, by a broadcasting organisation using its ownfacilities for its own broadcast by a broadcasting organisation of a work whichit has the right to broadcast; and the retention of such recording for achivalpurposes on the ground of its exceptional documentary character; (za) the performance of aliterary, dramatic or musical work or the communication to the public of suchwork or of a sound recording in the course of any bona fide religious ceremonyor an official ceremony held by the Central Government or the State Governmentor any local authority. Explanation.--For the purpose ofthis clause, religious ceremony including a marriage procession and othersocial festivities associated with a marriage.] .....

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Semiconductor Integrated Circuits Layout-design Act, 2000 Section 18

Title: Infringement of Layout-design

State: Central

Year: 2000

.....layout-design in its entirety or any part thereof, except such act of reproducing any part thereof which is not original within the meaning of sub-section (2) of section 7; (b) subject to the provisions of sub-section (5), does any act of importing or selling or otherwise distributing for commercial purposes a registered layout-design or a semiconductor integrated circuit incorporating such registered layout-design or an article incorporating such a semiconductor integrated circuit containing such registered layout-design for the use of which such person is not entitled under this Act. Registration to be prima facie evidence of validity.-- (2) Notwithstanding anything contained in section 17, sub-section (1) or sub-section (5), the performance of the act of reproduction referred to in clause (a) of sub-section (1), where such act is performed for the limited purposes of scientific evaluation, analysis, research or teaching, shall not constitute act of infringement within the meaning of that clause. (3) Where a person, on the basis of scientific evaluation or analysis of a registered layout-design, creates another layout-design which is original within the meaning of.....

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Trade Marks Act, 1999 (47 of 1999) Section 29

Title: Infringement of Registered Trade Marks

State: Central

Year: 1999

.....intended to be used for labelling or packaging goods, as a business paper, or for advertising goods or services, provided such person, when he applied the mark, knew or had reason to believe that the application of the mark was not duly authorised by the proprietor or a licensee. (8) A registered trade mark is infringed by any advertising of that trade mark if such advertising-- (a) takes unfair advantage of and is contrary to honest practices in industrial or commercial matters; or (b) is detrimental to its distinctive character; or (c) is against the reputation of the trade mark. (9) Where the distinctive elements of a registered trade mark consist of or include words, the trade mark may be infringed by the spoken use of those words as well as by their visual representation and reference in this section to the use of a mark shall be construed accordingly.

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Copyright Act, 1957 Section 55

Title: Civil Remedies for Infringement of Copyright

State: Central

Year: 1957

(1) Where copyright in any work has been infringed, the owner of the copyright shall, except as otherwise provided by this Act, he entitled to all such remedies by way of injunction, damages, accounts and otherwise as are or may be conferred by law for Ihe infringement of a right; Provided that if the defendant proves that at the date of the infringement he was not aware and had no reasonable ground for believing that copyright subsisted in the work, the plaintiff shall not be entitled to any remedy other than an injunction in respect of the infringement and a decree for the whole or part of the profits made by the defendant by the sale of !he infringing copies as the court may in the circumstances deem reasonable, (2) Where, in the case of a literary, dramatic, musical or artistic work, a name purporting to be that to the author or the publisher, as the case may be, appears on copies of the work published, or, in the case of an artistic work, appeared on the work when it was made, ihe person whose name so appears or appeared shall, in any proceeding in respect of infringement of copyright in such work, be presumed, unless the contrary is proved, id be the author or the.....

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Trade Marks Act, 1999 (47 of 1999) Section 135

Title: Relief in Suits for Infringement or for Passingoff

State: Central

Year: 1999

.....account of profits, together with or without any order for the delivery-up of the infringing labels and marks for destruction or erasure. (2) The order of injunction under sub-section (1) may include an ex parte injunction or any interlocutory order for any of the following matters, namely:-- (a) for discovery of documents; (b) preserving of infringing goods, documents or other evidence which are related to the subject-matter of the suit; (c) restraining the defendant from disposing of or dealing with his assets in a manner which may adversely affect plaintiff's ability to recover damages, costs or other pecuniary remedies which may be finally awarded to the plaintiff. (3) Notwithstanding anything contained in sub-section (1), the court shall not grant relief by way of damages (other than nominal damages) or on account of profits in any case-- (a) where in a suit for infringement of a trade mark, the infringement complained of is in relation to a certification trade mark or collective mark; or (b) where in a suit for infringement the defendant satisfies the court-- (i) that at the time he commenced to use the trade mark complained of in the suit, he was unaware.....

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Protection of Plant Varieties and Farmers-rights Act, 2001 Section 42

Title: Protection of Innocent Infringement

State: Central

Year: 2001

Notwithstanding anything contained in this Act,-- (i) a right established under this Act shall not be deemed to be infringed by a farmer who at the time of such infringement was not aware of the existence of such right; and (ii) a relief which a court may grant in any suit for infringement referred to in section 65 shall not be granted by such court, nor any cognizance of any offence under this Act shall be taken, for such infringement by any court against a fanner who proves, before such court, that at the time of the infringement he was not aware of the existence of the right so infringed.

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Protection of Plant Varieties and Farmers-rights Act, 2001 Chapter X

Title: Infringement, Offences, Penalties and Procedure

State: Central

Year: 2001

.....74 - No offence in certain cases The provisions of this Act relating to offences shall be subject to the right created as recognised by this Act and no act or omission shall be deemed to be an offence under the provisions of this Act if such act or omission is permissible under this Act. Section 75 - Exemption of certain persons employed in ordinary course of business Where a person accused of an offence under this Act proves that in the ordinary course of his employment, he has acted without any intention to commit the offence and having taken all reasonable precautions against committing the offence charged, he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the act so charged as an offence and on demand made by or on behalf of the prosecutor, he gave all the information in his possession with respect to the persons on whose behalf the offence was committed, he shall be acquitted. Section 76 - Procedure where invalidity of registration is pleaded by the accused (1) Where the offence charged under this Act is in relation to a variety or its propagating material or essentially derived variety or its propagating.....

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Patents Act, 1970 (39 of 1970) Section 111

Title: Restriction on Power of Court to Grant Damages or Account of Profits for Infringement

State: Central

Year: 1970

.....word or words in question. (2) In any suit for infringement of a patent the court may, if it thinks fit, refuse to grant any damages or an account of profits in respect of any infringement committed after a failure to pay any renewal fee with the prescribed period and before any extension of that period. (3) Where an amendment of a specification by way of disclaimer, correction or explanation has been allowed under this Act after the publication of the specification, no damages or account of profits shall be granted in any proceeding in respect of the use of the invention before the date of the decision allowing the amendment, unless the court is satisfied that the specification as originally published was framed in good faith and with reasonable skill and knowledge. (4) Nothing in this section shall affect the power of the court to grant an injunction in any suit for infringement of a patent.

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Copyright Act, 1957 Section 51

Title: When Copyright Infringed

State: Central

Year: 1957

.....nothing in sub-clause (iv) shall apply to the import of one copy of any work,for the private and domestic use of the importer.] Explanation.--For the purposesof this section, the reproduction of a literary, dramatic, musical or artisticwork in the form of a cinematograph film shall be deemed to be an"infringing copy". ________________________ 1. Substituted by Act 38 of 1994, section 16, for sub-clause(ii) w.e.f. 10-5-1995. 2. The words "(except for the private and domesticuse of the importer)" omitted by Act 65 of 1984, section 3 w.e.f. 8-10-1984. 3. Insertedby Act 65 of 1984, section 3 w.e.f. 8-10-1984 and Substituted by Act 38 of1994, section 16 w.e.f. 10-5-1995.

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