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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)

order postulates that subject to the provisions of Para 4, 5 and 6, all provisions of the Copyright Act, except those in Chapter VIII and … 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.

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 … 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 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, … ), both the petitioners have impugned part of the arbitral award dated 6th December 2011. By consent of the parties, both the arbitration petitions were

International Confederation of Societies Vs. Aditya Pandey and Ors.

Court : Supreme Court of India

Subject : Land Acquisition

the year 2006. As such rights as exist w.e.f. 21.06.2012 were not the same prior to it. In Chapter VI of the Copyright Act, 1957, Section 30 relates to licence granted by an owner of copyright which … composers of musical work are the first owners of copyright in lyric and musical work respectively under the Copyright Act, 1957. As such they have the right to get restrained Respondent Nos. 1 and 2 from infringing their copyright, … suit, (i.e. CS(OS) 1185/2006) the applications for temporary injunctions, i.e. IA Nos., 6486/2006, 7027/2006 and 6487/2006 are disposed of by stating that the defendants do

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 … 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. … 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

Samsonite Corporation Vs. Vijay Sales

Court : Delhi

Subject : Intellectual Property Rights

Acts : Code of Civil Procedure (CPC), 1908 - Order 39, Rules 1, 2 and 4; Designs Act, 1911; Industrial Designs Act, R.S.C. 1970; Copyrights Act, 1957 - Sections 15

Reported in : 73(1998)DLT732

is a three dimensional representation, is an original artistic work within the meaning of Section 2(c) of the Copyright Act, 1957. The said artistic work is subject matter of copyright protection in India by virtue of India's membership to … is made that the defendants' article emanates from the plaintiffs.' It is interesting in the context of this chapter that the judge, in considering passing off, specifically excluded consideration of other grounds of action based on infringement … the world. The sales turnover on global market in 1996 have been 675.20 million US Dollars. The first plaintiff had advertised on a very large

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 House of Lords in Esso Petroleum Co. Ltd. v. Harber's Garage (Stourport), Ltd. (1967) I All ELH 699,(l) relevant for my purpose. In this case there were two solus agreements within the category of agreements in

M/S. Jagdamba Impex Vs. M/S. Tristar Products Private Ltd.

Court : Delhi

Subject : Land Acquisition

of the machine made by the respondent/plaintiff from the drawings over which respondent/plaintiff has a copyright under the Copyright Act, 1957.2. The complete facts with respect to the case/claim as put forward on behalf of the respondent/plaintiff are succinctly … costs in terms of Volume V of the Punjab High Court Rules and Orders (as applicable to Delhi) Chapter VI Part I Rule 15 I may note that the Supreme Court in the judgment in the case … the Punjab High Court Rules and Orders (as applicable to Delhi) Chapter VI Part I Rule 15 I may note that the Supreme Court in

Super Cassetts Industries Ltd. Vs. Music Broadcast Pvt. Ltd.

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Section 31(1)(b), 19-A, 52(1)(j)(4); Armed Forces Tribunal Act, 1985 - Section 41(1); Code Of Civil Procedure (CPC) - Section 151; Trade Marks Act - Section 25(i); Indian Copyright Act, 1914 - Section 72; Copyright Act, 1911 - Section 4; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Section 22(1), 19(1)(6); Code of Criminal Procedure (CrPC), 1973, - Sections 345, 346 ; Indian Penal Code (IPC) - Sections 193, 228, 125

in these appeals is whether on a complaint made to the Copyright Board under Section 31 of the Copyright Act, 1957, the said Board under Clause (b) of Sub-Section (1) can pass an interim order in the pending complaint. … formulated for the functioning of the said Board. Section 11 of the Act, which comes within the said Chapter, provides for the constitution of a Copyright Board, which would hold office for such period and on such … Court in Income Tax Officer Vs. M.K. Mohammed Kunhi [(1969) 2 SCR 65], wherein the power of the Income Tax Appellate Tribunal to stay recovery

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 … 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, … and Compulsions of Politics in India (402 pages; 26 pages copied constituting 6.46%; publisher Oxford University Press; Approximate Price : Paper Back `19,068, Hard bound