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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 … (y) (iii), 13 (i) (c), 14 (a) (iv), Sections 17, 21, 38, 52 (i) (j) etc.ARE THE WRIT PETITIONS MAINTAINABLE(5) Learned Senior Counsel for the

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. … Au-356-331 21.11.199538. PRESTIGE V Au-406-109 17.12.199742. TARSUS V Au-458-207 12.11.199946. BLACK POOL* 56. REGIA* V Au-498-306 06.12.20004. It may be noticed that in the said

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 … 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 … ESPN Software India Private Ltd. The appellants had granted licenses to over 5000 cable operators in India to transmit their channels on their cable networks.(b)

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 … Reliance has been placed on :English Law A. Butterworth v. Robinson (1801) 5 VJ 709 B. Sweet v. Benning 1955 16C.B. 458 C. Incorporated Council

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 … the Arbitration Act, 1940 (for short 'the 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

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 … their assigns, subordinates, agents or any other persons claiming any sort of 5 right, title and interest under them or through them by way of

Terix Computer Service India Pvt Ltd vs M/S Tpm Guru Private Ltd & ...

Court : Delhi

Subject : Land Acquisition

(1990) SCC Online Del 269, wherein the Delhi High Court observed as under: “If reference is made to Chapter XII of the Copyright Act, 1957 relating to civil remedies in case of infringement of copyright, every suit … the Defendants after cessation of all alleged contractual relationships. The Suit is founded on statutory rights under the Copyright Act, 1957 (“Copyright Act”) and not on any contractual covenant. 13.3. Section 8 of the Act mandates reference to arbitration … jurisdiction for matters relating to this agreement”.Signature Not Verified CS(COMM) 783/2025 Page 5 of 3112.2. Clause 2.7 of the Collaboration Agreement also enabled both contracting

Jindal Stainless Ltd. and Anr. Vs. State of Haryana and Ors.

Court : Supreme Court of India

Subject : Right to Information

Birendra Bahadur Pandey (1984) 2 SCC534 this Court while interpreting the word "import" in Section 53 of the Copyright Act, 1957, discredited the ‘Doctrine of Unbroken/original Package’ in the following terms:“37. The Calcutta High Court thought that goods may … was of the opinion that the first and second proviso should be transferred as independent clauses in the Chapter dealing with relation between the different States and the third proviso was found unnecessary in view of the … with respect to some of the tax entries viz. sales tax (entry 54, List II); law relating to gambling (entry 34, List II) or tax

TATA SONS Limited and Another Vs. The State of Maharashtra and Another

Court : Mumbai

Subject : Land Acquisition

as a trade mark under the Trade and Merchandise Mark Act, 1958 or as a 'work' under the Copyright Act, 1957. The expression also includes certain steps with a view to prosecute, defend and enter into legal proceedings. By … the Act and which includes advance received by dealer as a part of sale price. 28. Then comes Chapter-II. The title of this Chapter is “Incidence and Levy of Tax”. Sections 3 and 4 coming in this … respondents invites our attention to the order passed by this Court on 5th February, 2014 and submits that though the Writ Petition is admitted the

G.V.Matheswaran Vs. the Union of India

Court : Chennai

Subject : Service Tax

income generated from temporary transfer or permitting the use or enjoyment of any copyright as defined in the Copyright Act, 1957, was put to challenge. A Division Bench of this Court, after referring to T.N.Kalyana Mandapam case and All … of Excise and CustoMs.New Delhi-1 and 4 otheRs.two writ petitions were filed seeking to declare Section 65(105)(zzzze) of Chapter V of the Finance Act, 1994 (as amended by the Finance Act 2 of 2009) as null and … 30070/2010, 1182/2011, 1190/2011, 1309/2011, 2059/2011, 2407/2011, 2616/2011, 2770/2011, 3259/2011, 4052/2011, 4417/2011, 26458-26460/2011, 5158/2011, 6874 & 6875/2011, 8140/2011, 9950/2011, 11744/2011, 12308 & 12309/2011, 12315/2011, 12540/2011, 13735/2011,