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Eastern Book Company and ors. Vs. D.B. Modak and ors. and Mr. NavIn J. ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act - Sections 2, 13, 14, 16, 17, 51, 52, 52(1) and 52(4); Evidence Act - Sections 4; Code of Civil Procedure (CPC) - Order 39 Rules 1 and 2

Reported in : 101(2002)DLT205

the aforesaid judgments clearly show that a matter in public domain cannot be a private property. Under the Copyright Act, 1957 except under the provisions of the Act, there cannot be copyright under the common law. Under Section 16 … on earlier occasions;28. Section 16 specifies that no copyright can be claimed except as provided in the Act. Chapter 10 provides for registration of the copyright but it is well settled that copyright need not be registered.Chapter … copyright but it is well settled that copyright need not be registered.Chapter 11 provides for infringement of copyright.Section 51 provides:-'51. When copyright infringed.-- Copyright in

Phonographic Performance Ltd. Vs. Hotel Gold Regency and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 30, 33, 33(1), 33(3), 34, 34(1), 34(3), 35, 35(2), 51, 53A, 54, 55, 61, 61(1) and 62; Indian Contract Act, 1872 - Sections 188; Companies Act, 1956; Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 11

Reported in : AIR2009Delhi11; 151(2008)DLT210; LC2008(2)451; 2008(37)PTC587(Del)

power to adopt any legal process to recover the same. In this context it was also submitted that chapter VII of the Copyright Act, 1957 not only authorises the doing of business by a copyright society of … the maintainability of the suit:1. Whether, in view of the provisions of sections 33 and 34 of the Copyright Act, 1957, a suit for infringement of copyright would be maintainable at the instance of a registered copyright society in … Nos. 2 and 3 have filed this application under Order 7 Rule 11 of the Code of Civil Procedure, 1908 for rejection of the plaint.

Microforms Inc Vs. Girdhar and Co. and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 13(1), 14, 15, 15(2), 40, 48 and 51; ;Designs Act, 2000 - Sections 2 and 2(5); Designs Act, 1911; ;Trade and Merchandise Marks Act, 1958 - Sections 2 and 2(1); ;Patents Act; ;Indian Penal Code (IPC), 1860 - Sections 479; ;Copyright Act, 1957 - Sections 15

Reported in : 128(2006)DLT238; 2006(32)PTC157(Del)

specifically excluded.32. A copyright in a registered design was provided in Section 11 under Chapter III and reads as under:11. Copyright on registration -1) When … however, claimed that whether such a copyright is registered or not, in view of the provisions of the Copyright Act, 1957 (hereinafter referred to as the Copyright Act) the copyright in the artistic works subsists and gives an exclusive … the case of an work of joint authorship, be construed as a reference to the author dies last.25. Chapter XI provides for infringement and Section 51 stipulates when a copyright is infringed and reads as under: 51.

Saregama India Limited Vs. Mahal Pictures Private Limited.

Court : Mumbai

Subject : Intellectual Property

and 62 of the Copyright Act, 1957 which read as under: 54. Definition.-- For the purposes of this Chapter, unless the context otherwise requires, the expression "owner of copyright" shall include-- (a) an exclusive licensee; (b) in … the petitioner/ original defendant No.3 are also registered with the Registrar of Copyrights under the provisions of the Copyright Act, 1957. The defendant No.3 in exercise of rights granted in his favour further granted a limited licence in favour … is the sole and exclusive holder of the rights under the agreement. 11. It is also an error on the part of the trial Court

J.N. Bagga and ors. Vs. All India Reporter Ltd.

Court : Mumbai

Subject : Media and CommunicationCriminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 5(2) and 177; Copyright Act, 1957 - Sections 62, 69 and 69(1); Code of Civil Procedure (CPC), 1908; Indian Contract Act, 1872 - Sections 2

Reported in : AIR1969Bom302; (1969)71BOMLR409; 1969CriLJ1109; 1969MhLJ188

residents of Allahabad. The firm, which is required to be treated as Company for the purpose of the Copyright Act, 1957, has its registered office at Allahabad. The writing of the book and the publishing of it have taken … criminal complaints. The provisions of the Criminal Procedure Code regarding the place of an enquiry and trial in Chapter XV are the only provisions which would help a Court in finding our whether it has jurisdiction. What … Criminal Reference No. 78 of 1967, the jurisdictional clause is paragraph No. 11. It is as follows; 'Para 11. The offer for sale is given

M/s Mangalore New Sultan Beedi Works Vs. State Of Karnataka

Court : Karnataka

Subject : Land Acquisition

secured against the accused. Learned Sr. Advocate appearing for the Petitioner argues that the charging provisions of the Copyright Act, 1957 more particularly Section 63 are structured in such a way that the same fact matrix may give raise … agreeing with the submission made on behalf of the Petitioner-Firm as under and for the following reasons: a) Chapter XI of the 1957 Act comprising of Sections 51 to 53A provides for civil remedies by way of … of the Petitioner-Firm as under and for the following reasons: a) Chapter XI of the 1957 Act comprising of Sections 51 to 53A provides for

The Chancellor Masters and Scholars of the University of Oxford Vs. Na ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 13, 14, 52 and 52(1); Patents Act, 1970 - Sections 3; Code of Civil Procedure (CPC) , 1908 - Order 39, Rules 1, 2 and 4

Reported in : 2008(106)DRJ482; LC2008(3)402; 2008(38)PTC385(Del)

examination. All this, the plaintiffs claim, make each textbook an original literary work within the meaning of the Copyright Act, 1957 (hereafter 'the Act'). It is also averred that the author by a memorandum of Agreement has assigned to … research, hard work, practice and the standard followed by reputed institutions the world over. Every unit in a chapter is so arranged that it is integral and complimentary to others. The contents of the textbooks, it is … diminishing the incentives for creativity.(TOWARD A FAIR USE STANDARD (1990) 103 HLR 1105 )One of the earliest decisions to deal with the doctrine of fair

A. Sundarasan Vs. A.C. Thirulokchandar and anr.

Court : Chennai

Subject : Intellectual Property Rights

Reported in : (1973)2MLJ290

the Copyright Act, 1957, that registration is not a pre-requisite to the acquisition of a copyright.5. Although in Chapter H of the Act, a machinery has been provided for registration of copyrights, there is no provision therein … as follows:The Indian Copyright Act, 1914, had nowhere made any provision for the registration of copyrights. Under the Copyright Act, 1957, it appears that under Sections 13 and 45, the registration of a book with the Registrar of Copyrights, … is no provision therein which requires compulsory registration of copyrights. Neither Chapter XI, which deals with infringement of copyright, nor Chapter XII, which deals with

Nri Film Production Associates (P) Ltd. Vs. Twentieth Century Fox Film ...

Court : Karnataka

Subject : Intellectual Property Rights

Acts : Copy Right Act, 1957 - Sections 2 and 55; Copy Right (Amendment) Act, 1957 - Sections 2

Reported in : ILR2004KAR4530

for a declaration that the Movie Independence Day (I.D.) produced by the defendants is the infringement of the copyright of the film script Extra Terrestrial Mission (E.T.M.). Further seek an injunction against display of the film in … a sequel to the observations of Hon'ble Pathak J, an amendment to Section 2 of the Copy right Act, 1957 is effected by incorporating Clause (V) w.e.f. 10.5.1995 which reads thus:(a) 'adoption' means, -(i) in relation to a … necessarily in favour of the owner. In the entire Section 147, or Chapter XI the word owner is conspicuously missing. Therefore, in construing the aforesaid … in favour of the owner. In the entire Section 147, or Chapter XI the word owner is conspicuously missing. Therefore, in construing the aforesaid provision,

Dr. Uday Chand Jindal vs.m/s Galgotia Pulblications Pvt. Ltd.

Court : Delhi

Subject : Arbitration

claim of the petitioner/appellant was dismissed, the appellant has preferred the present appeal under Section 72 of the Copyright Act, 1957.2. In brief, facts as enumerating from the record are as under: Appellant claims to be the author of … title 'Mechanical Engineering [UPTU]., as per new Syllabus by U.C. Jindal/Vivek Kumar', the respondent has fraudulently ripped eight chapters (Chapters 1 to 7 and 10). In the various catalogues published by the respondent, 10 out of 11