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Sanjay Kuamr Gupta & Anr vs.sony Pictures Networks India P Ltd &am ...

Court : Delhi

Subject : MRTP

by the plaintiff in the concept of "Jeeto Unlimited" is an original work for the purpose of the Copyright Act, 1957?. OPP5Whether the plaintiffs entitled to a decree for infringement of his copyright work in terms of prayer clause … works in which copyright can exist are live shows or performers rights and broadcasting rights as provided in Chapter VIII Sections 37 to 39A of the Copyright Act. Except such copyrights, statutorily no copyright can exist. Section … The concept of the appellants/plaintiffs has been elaborated by them in para 8 of the plaint the relevant portion of para 8 is reproduced as

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 … to be played in Australia from December 26, 2007 onwards till March 8, 2008 and therefore, no other person, entity and/or Cable Operators could broadcast/telecast

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. … is no legislative intent to make registration of a copyright mandatory. Para 8 reads as under:8. A careful analysis of the Scheme and the provisions

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

Court : Delhi

Subject : Media and Communication

Acts : Code of Civil Procedure (CPC) - Order 1, Rule 9 - Order 39, Rules 1 and 2; Copyright (Amendment) Act, 1994; Copyright Act, 1957 - Sections 16, 18, 19, 19A, 30, 30A, 37, 37(3), 39, 39A, 52, 53, 55, 58, 61, 61(1), 64, 65 and 66

Reported in : LC2008(2)75; 2008(36)PTC492(Del)

Counsel submitted that broadcast reproduction rights are a special class of rights, recognized under Part VIII of the Copyright Act, 1957 (hereafter 'the Act'). He relied upon Section 37 for the purpose. According to counsel, Section 37(3) provides, in … and also reproduction of the event under Section 37(3)(d). Learned Counsel submitted that the only exception recognized under Chapter VIII of the Act was the use, consistent with fair dealing, excerpts of any programme, in the broadcast … to be played in Australia from December 26, 2007 onwards till March 8, 2008 (hereafter referred as the 'Cricket Matches'). thereforee, no other person or

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 … it is also pleaded that the Plaintiff came to know only on 8.7.1999, when the Registrar of Trade Marks, Bombay, issued a show cause notice

Sri Ramalinga Mills (Cbe) Ltd. and ors. Vs. the Assistant Collector of ...

Court : Kerala

Subject : Customs

Reported in : 1988(14)LC264(Kerala); 1990(21)LC364(Kerala)

Gramophone Co.'s case : 1984(2)ECC142 related to the interpretation of the word 'import' in Section 53 of the Copyright Act 14 of 1957. Pirated cassettes were brought in a ship from Singapore for consignment to Nepal. The ship … the notifications Exts. P/l to P-4 are validly issued under Section 25(1) of the Act. Section 29 in Chapter VI prohibits vessels or aircrafts entering India to call or land at places other than Customs Ports or … and the unreported judgments of the Madras High Court in W.A. No. 84 of 1968 and in C.A. No. 712/1973. The principle deducible from these

Midas Hygiene Industries Pvt. Ltd. Vs. Sudhir Bhatia

Court : Delhi

Subject : Intellectual Property

S. Ravindra Bhat, J. 1. These appeals, under Section 72 of the Copyright Act, 1957, challenge the order of the Learned Copyright Board (hereinafter the Board ?) dated 04.04.2011, which expunged registration numbers … grounds that the laws of limitation and waiver barred the respondent's application. 8. Elaborating on the first contention, Ms. Pratibha Singh argued the copyright “ … and industrially produced and therefore fall within class 19 of the third schedule. The said Class contains the Chapter heading Stationery and Office equipments, artists and teaching material ?. Class 19-01 includes all paper in the widest

Sap Aktiengesellschaft and anr. Vs. Mr. Sadiq Pasha Proprietor, M/S. N ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act - Sections 14, 40

II would show that vide aforesaid order, all the provisions of the Copyright Act, 1957 except those in Chapter VIII and those other provisions which apply exclusively to Indian works have been extended to any work first … developed and marketed by them are „computer programmes within the meaning of Section 2 (ffc) of the Indian Copyright Act, 1957 and are also included in the definition of a „literary work as per Section 2(o) of the Copyright … very freely and also continued advertising his services on a regular basis. 8. Section 51 of the Copyright Act, to the extent it is relevant,

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

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 … Neeraj K. Gupta, Advocates. Versus UOI AND ORS Represented by: W.P.(C) Nos. 8144 & 7724 of 2011 ..... Respondents Mr. Ripudaman Singh Bhardwaj, CGSC with