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Home Bare Acts Phrase: infringementPatents Act, 1970 (39 of 1970) Chapter XVIII
Title: Suits Concerning Infringement of Patents
State: Central
Year: 1970
.....In considering whether a party has discharged the burden imposed upon him by sub-section (1), the court shall not require him to disclose any manufacturing or commercial secrets, if it appears to the court that it would be unreasonable to do so.] ________________________ 1. Inserted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. Section 105 - Power of court to make declaration as to non-infringement (1) Notwithstanding anything contained in section 34 of the Specific Relief Act, 1963 (47 of 1963), any person may institute a suit for a declaration that the use by him of any process, or the making, use of sale of any article by him does not, or would not, constitute an infringement of a claim of a patent against the patentee or the holder of an exclusive licence under the patent, notwithstanding that no assertion to the contrary has been made by the patentee or the licensee, if it is shown- (a) that the plaintiff has applied in writing to the patentee or exclusive licensee for a written acknowledgement to the effect of the declaration claimed and has furnished him with full particulars in writing of the process or article in question; and (b) that.....
View Complete Act List Judgments citing this sectionCopyright Act, 1957 Chapter XI
Title: Infringement of Copyright
State: Central
Year: 1957
.....of a translation in any Indian language of an Act of a Legislatureand of any rules or orders made thereunder-- (i) if no translation ofsuch Act or rules or orders in that language has been produced or published bythe Government; or (ii) where a translation of suchAct or rules or orders in that language has been produced or published by theGovernment, if the translation is not available for sale to the public: Provided that such translationcontains a statement at a prominent place of the effect that the translationhas not been authorised or accepted as authentic by the Government; 11 [(s) themaking or publishing of a painting, drawing, engraving or photograph of a workof architecture or the display of a work of architecture;] (t) the making or publishing ofa painting, drawing, engraving or photograph of a sculpture, or other artisticwork falling under sub-clause (iii) of clause (c) of section 2, if such work ispermanently situate in a public place or any premises to which the public hasaccess; (u) the inclusion in acinematograph film of-- (i) any artistic workpermanently situate in a public place or any premises to which the public hasaccess; or (ii) any.....
View Complete Act List Judgments citing this sectionSemiconductor 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.....
View Complete Act List Judgments citing this sectionTrade 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.
View Complete Act List Judgments citing this sectionCopyright 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.....
View Complete Act List Judgments citing this sectionTrade 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.....
View Complete Act List Judgments citing this sectionProtection 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.
View Complete Act List Judgments citing this sectionProtection of Plant Varieties and Farmers-rights Act, 2001 Chapter X
Title: Infringement, Offences, Penalties and Procedure
State: Central
Year: 2001
.....be finally awarded to the plaintiff. Section 67 - Opinion of scientific adviser (1) When the court has to form an opinion upon any question of fact or a scientific issue, such court may appoint an independent scientific adviser to suggest it or to inquire into and report upon the matter to enable it to form the desired opinion. (2) The scientific adviser may be paid such remuneration or expenses as the court may fix. Section 68 - Prohibition to apply denomination of (25 of 1961) registered variety (1) No person other than the breeder of a variety registered under this Act or a registered licensee or a registered agent thereof shall use the denomination of that variety in the manner as may be prescribed. (2) A person shall be deemed to apply the denomination of a variety registered under this Act who-- (a) applies it to the variety itself; or (b) applies it to any package in or with which the variety is sold, or exposed for sale, or had in possession such package for sale or for any purpose of trade or production; or (c) places, encloses or annexes the variety which is sold, or exposed for sale, or had in possession for sale or for any purpose of trade or.....
View Complete Act List Judgments citing this sectionPatents 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.
View Complete Act List Judgments citing this sectionCopyright 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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