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Eurokids International Pvt. Ltd. Vs. India Book Distributors Egmont Bo ...

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 3, 14, 16, 17, 18, 19, 21, 51, 54, 61 and 61(1)

Reported in : 2005(6)BomCR198

created in favour of plaintiffs.9. In support of his submissions Mr. Saraf invites my attention to definitions in Copyright Act, 1957 (hereinafter referred to as 'the Act' for the sake of brevity) and more particularly term 'Exclusive Licence' (Section … .rights of the plaintiff are those set out in paras 2 and 4. He submits that these rights are derived through second defendant. However, second … sections 14, 18 and 19 as well as Section 51 of the Act. He also takes me through Chapter-XII and more particularly Section 54. Mr. Saraf also relies upon a Division Bench decision reported in : AIR1985Delhi29

K.i. George and anr. Vs. C. Cheriyan and ors.

Court : Kerala

Subject : Media and CommunicationIntellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 54 and 62; Code of Civil Procedure (CPC) , 1908 - Sections 9

Reported in : AIR1986Ker12

3 and 4 to this I. A. they raised the contention that the suit is one coming under Chapter 12, Copyright Act, and as such the District Court alone has jurisdiction todeal with questions raised in this … much so what the plaintiff is claiming is an exclusive licence coming under the purview of Section 54(a), Copyright Act, 1957, hereinafter referred to as 'the Act'. Under Section 54 of the Act, the expression 'owner of copyright' shall

Dr Rajah Vijaya Kumar @ Dr Kumar @ D.v.kumar Vs. Wg Cdr (dr) V G Vasis ...

Court : Karnataka

Subject : Land Acquisition

is no mention in the complaint that the invention said to have been done has been patented. 1619. Chapter IV of Copyright Act, 1957, deals with Ownership of Copyright and the Rights of the Owner. Section 17 … file of IX Additional Chief Metropolitan Magistrate, Bengaluru, for the offence punishable under Sections 51 and 63 of Copyright Act, 1957 and Section 379 and 420 of IPC.2. Criminal Petition No.3757/2012 is filed by the petitioners - accused Nos.1 … Sections 51 and 63 of Copyright Act, 1957 and Section 379 and 420 of IPC.2. Criminal Petition No.3757/2012 is filed by the petitioners - accused

Dr Rajah Vijaya Kumar @ Dr Kumar @ D.v.kumar Vs. Wg. Cdr (dr) V G Vasi ...

Court : Karnataka

Subject : Land Acquisition

is no mention in the complaint that the invention said to have been done has been patented. 1619. Chapter IV of Copyright Act, 1957, deals with Ownership of Copyright and the Rights of the Owner. Section 17 … file of IX Additional Chief Metropolitan Magistrate, Bengaluru, for the offence punishable under Sections 51 and 63 of Copyright Act, 1957 and Section 379 and 420 of IPC.2. Criminal Petition No.3757/2012 is filed by the petitioners - accused Nos.1 … Sections 51 and 63 of Copyright Act, 1957 and Section 379 and 420 of IPC.2. Criminal Petition No.3757/2012 is filed by the petitioners - accused

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)

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. … copyright protection in India as a consequence of the provisions of Section 40 of the Copyright Act and the Berne Convention, Universal Copyright Convention read

Mundipharma Ag Vs. Wockhardt Ltd.

Court : Delhi

Subject : Intellectual Property RightsArbitration

Acts : Arbitration Act, 1940 - Sections 20; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961; Copyright Act, 1957; Indian Contract Act, 1872 - Sections 27

Reported in : ILR1991Delhi606

who was the owner of the copyrights in question. If reference is made to Chapter Xii of the Copyright Act, 1957 relating to civil remedies in case of infringement of copyright; every suit or other civil proceedings arising under … Act') I am to decide by this order an application (I.A. 5010/90) of the petitioner filed under section 41 and Ii Schedule of' the Act read with Arbitration (Protocol and Convention) Act, 1937 and again read with

Metro Tyres Ltd vs.the Advertising Standards Council of India & An ...

Court : Delhi

Subject : MRTP

Limited to the defendant No.1 ASCI amounts to a ―threat‖ within the meaning of Section 60 of the Copyright Act, 1957.5. I have enquired from the counsel for the plaintiff as to how there can be an injunction against … go into the said questions or not. I may at this stage only notice that Clause 4.2 of Chapter IV titled ‗Fair In Competition‘ of the Code for Self-Regulation in Advertising of ASCI provides that ―advertisements shall

Premwati Bansal Vs. M/S. Shri Ganpati International

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade and Merchandise Marks Act, 1958 - Sections 78, 79, 105 and 106; Indian Copyright Act, 1957 - Sections 45(1), 57, 63 and 64

Reported in : 1999VIAD(Delhi)687; 82(1999)DLT398

106 of the Trade and Merchandise Marks Act, 1958 as well as under Section 51 of the Indian Copyright Act, 1957 seeking the relief of permanent injunction and rendition of accounts. The case disclosed in the plaint is that … State of U.P. Vs . Ram Nath, : 1972CriLJ52 wherein it was held that for the proposes of chapter 10 of the Trade and Merchandise Marks Act, a trade mark includes registered as well as unregistered trade … and that she holds its copyright. An Application for registration under Section 45(1) of the Copyright Act was filed by her on 22.2.1999 and No

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 … violation of the said order the appellant also filed a CCP Nos. 402/01 and 377/01. The respondents also filed an application for clarification of the

Deccan Bottling and Distilling Industries Private Limited Through Its ...

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Code of Civil Procedure (CPC) - Order 2, Rule 3 - Order 39, Rules 1 and 2; Companies Act, 1956; Copyrights Act, 1957 - Sections 2, 14, 14(2) and 51; Trade Marks Act, 1999 - Sections 2 and 27(2); Trade Marks Act, 1958

Reported in : 2009(1)BomCR862; (2008)110BOMLR3175; 2009(2)MhLj302; LC2008(3)286

seriousness of the infringement or to the possible damage to the plaintiff.8. Section 2, Clause (c)(i) of the Copyright Act 1957 defines 'artistic work' which reads:2.(c)(i) a painting, a sculpture, a drawing (including a diagram, map, chart or plan), … (zb) of Section 2 defines 'trade mark'. The effect of registration of trademark is taken into consideration under Chapter IV. Section 27(2) mentions that nothing in this Act shall be deemed to affect rights of action against … defendants country liquor as and for the country liquor of the plaintiff. 4. The defendant to bear its own costs and to pay the costs