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The Federation of Hotels and Restaurants Association of IndiA. Vs. Uni ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2(ff), 13, 33(3), 34(3), 34, 78, 2(dd), 1 (2), 35 - Chapter 14 ; Constitution of India - Articles 226, 14, 19(1)(g), 12 ;

of India for the issuance of an appropriate writ striking down Sections 2(ff), 13, 33(3), 34(3) of the Copyright Act, 1957 as these provisions are perceived by the Petitioners as being violative of Article 14 and 19(1)(g) of the … the Copyright Act empowers the Central Government to make Rules for carrying out the purposes of the statute. Chapter V of the Copyright Rules, 1958 framed pursuant thereto, concerns the registration and functioning of Copyright and Performing

Espn Star Sports Vs. Global Broadcast News Ltd. and ors.

Court : Delhi

Subject : Intellectual Property RightsMedia and Communication

Acts : Copyright Act, 1957 - Sections 2, 13, 14, 18, 19, 30, 37, 37(3), 39, 39A, 51, 52, 52B, 53, 55, 58, 61, 61(1), 61(2), 64, 65 and 66; Copyright (Amendment) Act, 1994; Code of Civil Procedure (CPC) - Order 1, Rule 9; Constitution of India - Article 19(1)

Reported in : LC2008(3)257; 2008(38)PTC477(Del)

learned Single Judge had dismissed the entire suit of the appellant/plaintiff for non-compliance of Section 61 of the Copyright Act, 1957 (hereinafter referred to as the 'Act'). 2. After the arguments were heard in this appeal, both the parties … Video Master v. Nishi Productions 1998 (18) PTC 117. (d) Thus, Section 13 and 14 of the Copyright Act, makes it clear that copyright will … relief. 7. The learned Single Judge in his judgment dated 18th February, 2008 held as follows:40. No doubt, Chapter VIII deals with a species of rights known as broadcast reproduction rights. The content and extent of that

K.C. Bokadia and anr. Vs. Dinesh Chandra Dubey

Court : Madhya Pradesh

Subject : Media and CommunicationIntellectual Property Rights

Acts : Copy Right Act, 1957 - Sections 45 and 63

Reported in : 1999(1)MPLJ33

in the case has been referred to the Full Bench :'Whether, without registration under Section 45 of the Copyright Act, 1957, Criminal prosecution for infringement of copyright is or is not maintainable.'2. Respondent herein claims to be the author … statutory provision for registration of copyright and therefore, the question of non-registration affecting legal remedy did not arise.6. Chapter III of the Act deals with Copyright. Section 14 explains the meaning of copyright. Section 15 enumerates the … said to have been infringed. Chapter XII deals with civil remedies. Chapter XIII deals with criminal offences. According to Section 63, any person who knowingly

Phonographic Performance Ltd. and Ors. Vs. Uoi and Ors

Court : Delhi

Subject : Land Acquisition

first petitioner is a Company, registered as a Copyright Society under the provisions of Section 33 of the Copyright Act, 1957 (hereinafter referred as „the said Act‟). This registration entitles the first petitioner to commence and carry on the … and the procedure of the Copyright Board has been defined under Section 12 of the said Act. However, Chapter X of the said Act pertains to registration of copyright and contains Sections 44 to 50A. The Act … relation to the rates fixed by the Copyright Board. Vide order dated 13.04.2004, the High Court of Bombay set aside the order of the Copyright

Mary Thomas Vs. Dr. K.E. Thomas

Court : Chennai

Subject : Family

Acts : Family Courts Act, 1984 - Sections 2, 7 and 8; Code of Civil Procedure (CPC), 1908 - Sections 9, 20 and 23; Constitution of India - Article 225; Designs Act, 1888; General Clauses Act, 1897 - Sections 3(17); Trade and Merchandise Marks Act, 1958; Copyright Act, 1947 - Sections 62; Indian Succession Act, 1925

Reported in : AIR1990Mad100; I(1991)DMC47

of injunction and damages were granted. On appeal by the defendants, the Division Bench extracted S.62 of the Copyright Act, 1957, which was as follows (at p. 383):"Jurisdiction of Court over matters arising under this Capter.-- (1) Every suit … to the prior Act, viz., Indian Copyright Act, 1914, which in S. 13 expressly provided that civil proceedings relating to infringement of copyright shall be … with the definition of "District Judge" the same interpretation should be given to the words "District Judge" in Chapter IV of the Act, which refers to the grant of probates and letters of administration, as in Part

The Indian Performing Right Society Ltd. and Another Vs. Entertainment ...

Court : Mumbai

Subject : Arbitration

of copyright could not be referred to arbitration and the exclusive remedy for such infringement is available in Chapter XII of the Copyright Act, 1957. He submits that Chapter XII of the Copyright Act, 1957 specifically prescribed … India from time to time. The original respondent is a Copyright Society registered under Section 33 of the Copyright Act, 1957 and is a non-profit making body established on 23rd August 1969 to monitor, protect and enforce the rights, … without consent of the claimant. The original respondent vide its letter dated 13th May 2005 reiterated its demand for withdrawal of infancy discount. The claimant

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

p.k. Sen vs.exxon Mobile Corporation and Anr

Court : Delhi

Subject : Intellectual Property

Supreme Court decision in Exphar (supra) which was one decided in the backdrop of Section 62(2) of the Copyright Act, 1957, it may be necessary for us to set out the provisions of Section 62 of that Act. It … of Section 62 of that Act. It reads as under:-"―62. Jurisdiction of court over matters arising under this Chapter.-(1) Every suit or other civil proceeding arising under this Chapter in respect of the infringement of copyright in … through a trademark licence agreement entered into between the two respondents on 13.04.2010.3. The appellant / defendant is the proprietor of ―EXON Engineering Corporation‖ and

The Chancellor, Masters & Scholars of University of Oxford & O ...

Court : Delhi

Subject : Education

by the students to be photocopied. Anticipating that the defence would be predicated under Section 52(1)(i) of the Copyright Act, 1957, the plaintiffs have pleaded that Section 52(1)(i) was not applicable since reproduction by Rameshwari Photocopy Services, with the … and Article 10 of the Berne Convention, 1886 as well as Article 13 of the Agreement on Trade-Related Aspect of Intellectual Property Rights, 1995. Relying … end of this exercise. This reading material is then bound. The compilation is random and does not comprise chapters akin to a textbook. As against a textbook which is capable of being comprehended by even an outsider,

M/s Chancery Pavilion Vs. M/s Indian Performing Rights

Court : Karnataka

Subject : Land Acquisition

defendant, it is specifically mentioned that defendant is a Performing Right Society set up under the provisions of Chapter V of the Copyright Act, 1957 dealing with Copyright Society since 1969.13. It is also contended that defendant … XVIII Additional City Civil Judge, Bengaluru, CCH-10, in O.S.No.617/2013 on I.A.No.4 filed by defendants under Section 60 of Copyright Act, 1957 r/w Order VII Rule 11(d) of the Code of Civil Procedure, whereby the plaint came to be rejected