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Start Free TrialFinance Act, 2012, (Central) Section 34
Title: Amendment of Section 92b
State: Central
Year: 2012
..... (e) a transaction of business restructuring or reorganisation, entered into by an enterprise with an associated enterprise, irrespective of the fact that it has bearing on the profit, income, losses or assets of such enterprises at the time of the transaction or at any future date; (ii) the expression "intangible property" shall include-- (a) marketing related intangible assets, such as, trademarks, trade names, brand names, logos; (b) technology related intangible assets, such as, process patents, patent applications, technical documentation such as laboratory notebooks, technical know-how; (c) artistic related intangible assets, such as, literary works and copyrights, musical compositions, copyrights, maps, engravings; (d) data processing related intangible assets, such as, proprietary computer software, software copyrights, automated databases, and integrated circuit masks and masters; (e) engineering related intangible assets, such as, industrial design, product patents, trade secrets, engineering drawing and schematics, blueprints, proprietary documentation; (f) customer related intangible assets, such as, customer lists, customer contracts, customer.....
View Complete Act List Judgments citing this sectionCopyright (Amendment) Act, 2012, (Central) Section 18
Title: Insertion of New Sections 31b, 31c and 31d
State: Central
Year: 2012
.....for a compulsory licence to publish any work in which copyright subsists for the benefit of such persons, in a case to which clause (zb) of sub-section (1) of section 52 does not apply and the Copyright Board shall dispose of such application as expeditiously as possible and endeavour shall be made to dispose of such application within a period of two months from the date of receipt of the application. (2) The Copyright Board may, on receipt of an application under sub-section (]), inquire, or direct such inquiry as it considers necessary to establish the credentials of the applicant and satisfy itself that the application has been made in good faith. (3) If the Copyright Board is satisfied, after giving to the owners of rights in the work a reasonable opportunity of being heard and after holding such inquiry as it may deem necessary, that a compulsory licence needs to be issued to make the work available to the disabled, it may direct the Registrar of Copyrights to grant to the applicant such a licence to publish the work. (4) Every compulsory licence issued under this section shall specify the means and format of publication, the period during which the compulsory.....
View Complete Act List Judgments citing this sectionCopyright (Amendment) Act, 2012, (Central) Section 32
Title: Amendment of Section 52
State: Central
Year: 2012
In section 52 of the principal Act, in sub-section (1),- (i) for clause (a), the following clause shall be substituted, namely:- (a) a fair dealing with any work, not being a computer programme, for the purposes of- (i) private or personal use, including research; (ii) criticism or review, whether of that work or of any other work; (iii) the reporting of current events and current affairs, including the reporting of a lecture delivered in public. Explanation.-The storing of any work in any electronic medium for the purposes mentioned in this clause, including the incidental storage of any computer programme which is not itself an infringing copy for the said purposes, shall not constitute infringement of copyright."; (ii) for clauses (b), (c), (d), (e), (f), (g), (h), (i) and (j), the following shall be substituted, namely:- "(b) the transient or incidental storage of a work or performance purely in the technical process of electronic transmission or communication to the public; (c) transient or incidental storage of a work or performance for the purpose of providing electronic links, access or integration, where such links, access or integration has not been.....
View Complete Act List Judgments citing this sectionCopyright (Amendment) Act, 2012, (Central) Section 8
Title: Amendment of Section 18
State: Central
Year: 2012
In section 18 of the principal Act, in sub-section (1), after the proviso, the following provisos shall be inserted, namely:- "Provided further that no such assignment shall be applied to any medium or mode of exploitation of the work which did not exist or was not in commercial use at the time when the assignment was made, unless the assignment specifically referred to such medium or mode of exploitation of the work: Provided also that the author of the literary or musical work included in a cinematograph film shall not assign or waive the right to receive royalties to be shared on an equal basis with the assignee of copyright for the utilisation of such work in any form other than for the communication to the public of the work along with the cinematograph film in a cinema hall, except to the legal heirs of the authors or to a copyright society for collection and distribution and any agreement to contrary shall be void: Provided also that the author of the literary or musical work included in the sound recording but not forming part of any cinematograph film shall not assign or waive the right to receive royalties to be shared on an equal basis with the assignee of.....
View Complete Act List Judgments citing this sectionCopyright (Amendment) Act, 2012, (Central) Section 19
Title: Amendment of Section 33
State: Central
Year: 2012
.....right to receive royalty: Provided further that every copyright society already registered before the coming into force of the copyright (Amendment) Act, 2012 shall get itself registered under this Chapter within a period of one year from the date of commencement of the Copyright (Amendment) Act, 2012."; (iii) in sub-sections (4) and (5), for the words "owners of rights", the words "authors and other owners of right" shall be substituted; (iv) in sub-section (5), after the word "concerned" the words "or for non-compliance of sections 33A, sub-section (3) of section 35 and section 36 or any change carried out in the instrument by which the copyright society is established or incorporated and registered by the Central Government without prior notice to it" shall be inserted.
View Complete Act List Judgments citing this sectionCopyright (Amendment) Act, 2012, (Central) Section 9
Title: Amendment of Section 19
State: Central
Year: 2012
In section 19 of the principal Act,- (i) in sub-section (3), for the words "royalty payable, if any", the words "royalty and any other consideration payable" shall be substituted; (ii) after sub-section (7), the following sub-sections shall be inserted, namely:- "(8) The assignment of copyright in any work contrary to the terms and conditions of the rights already assigned to a copyright society in which the author of the work is a member shall be void. (9) No assignment of copyright in any work to make a cinematograph film shall affect the right of the author of the work to claim an equal share of royalties and consideration payable in case of utilisation of the work in any form other than for the communication to the public of the work, along with the cinematograph film in a cinema hall. (10) No assignment of the copyright in any work to make a sound recording which does not form part of any cinematograph film shall affect the right of the author of the work to claim an equal share of royalties and consideration payable for any utilisation of such work in any form."
View Complete Act List Judgments citing this sectionThe Haryana Registration and Regulation of Societies Act, 2012 Complete Act
State: Haryana
Year: 2012
.....of flats or tenement or condominium or floor space owners pursuant to the requirements as laid down under the Haryana Apartment Ownership Act, 1983 (Act 10 of 1983) or a welfare organization formed for housing projects or a resident welfare organization for the operation, management and maintenance of facilities for the residents or civic amenities of any defined area; (xi) the collection of natural history, mechanical and philosophical inventions, instruments or designs etc.; and (xii) implementation and promotion of any Government sponsored schemes in the State: Provided that no Society shall be registered under the Act unless it prohibits the payment of any dividend or distribution of any assets, income or profits to its members or their dependents or legal heirs except where a Society has been formed or established by the contributions of share holders or members in the nature of a housing Society or a welfare association of flats or tenement or floor space owners pursuant to the requirements laid down under the Haryana Apartment Ownership Act, 1983 (Act 10 of 1983) or a resident welfare association for the operation, management and maintenance of facilities.....
List Judgments citing this sectionTamil Nadu Fisheries University Act, 2012 Complete Act
State: Tamil Nadu
Year: 2012
.....report to the Chancellor, the action taken or proposed to be taken on the advice tendered by the Chancellor. (6) If the University does not take action within the time limit fixed or if the action taken by the University is in the opinion of the Chancellor not satisfactory, the Chancellor may, after considering any explanation offered or representation made by the University, issue such direction as they may deem fit and the University shall comply with such direction. (7) If the University does not comply with such direction within such time as may be fixed in that behalf by the Chancellor, the Chancellor shall have power to appoint any person or body to comply with such direction and make such orders as may be necessary for the expenses thereof. CHAPTER III OFFICERS OF THE UNIVERSITY 8. Officers of University. " The University shall consist of the following officers, namely:" (1) The Chancellor; (2) The Pro-Chancellor; (3) The Vice-Chancellor; (4) The Registrar; (5) The Deans; (6) The Director of Research; (7) The Director of Extension Education; (8) The Directors; (9) The Controller of Examinations; (10) The Finance Officer; and (11) Such other.....
List Judgments citing this sectionTamil Nadu National Law School Act, 2012 Complete Act
State: Tamil Nadu
Year: 2012
.....or inquiry. Such report shall be submitted within such time as the Chancellor may direct. (4) Where the Executive Council does not take action to the satisfaction of the Chancellor within a reasonable time, the Chancellor may, after considering any explanation furnished or representation made by the Executive Council, issue such directions as he may think fit and the Executive Council shall comply with such directions. In the event of the Executive Council not complying with such directions within such time as may be fixed in that behalf by the Chancellor, the Chancellor shall have power to appoint any person or body to comply with such directions and make such orders as may be necessary for the expenses thereof. CHAPTER III OFFICERS OF THE SCHOOL 8. Officers of School. " The School shall consist of the following officers, namely: (1) The Chancellor; (2) The Pro-Chancellor; (3) The Vice-Chancellor; (4) The Registrar; (5) The Finance Officer; (6) The Controller of Examinations; and (7) Such other persons as may be declared by the regulations to be officers of the School. 9. Chancellor." (1) The Chief Justice of the High Court of Madras shall be the.....
List Judgments citing this sectionCopyright (Amendment) Act, 2012, (Central) Section 34
Title: Substitution of New Section for Section 53
State: Central
Year: 2012
For section 53 of the principal Act, the following section shall be substituted, namely:- "53. Importation of infringing copies.- (1) The owner of any right conferred by this Act in respect of any work or any performance embodied in such work, or his duly authorised agent, may give notice in writing to the Commissioner of Customs, or to any other officer authorised in this behalf by the Central Board of Excise and Customs,- (a) that he is the owner of the said right, with proof thereof; and (b) that he requests the Commissioner for a period specified in the notice, which shall not exceed one year, to treat infringing copies of the work as prohibited goods, and that infringing copies of the work are expected to arrive in India at a time and a place specified in the notice. (2) The Commissioner, after scrutiny of the evidence furnished by the owner of the right and on being satisfied may, subject to the provisions of sub-section (3), treat infringing copies of the work as prohibited goods that have been imported into India, excluding goods in transit: Provided that the owner of the work deposits such amount as the Commissioner may require as security having regard to.....
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