Advanced Search Results

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 … the suit liable to be rejected. The proviso to Order 1, Rule 9 Civil Procedure Code enacts that a suit can fail for non-joinder of

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. … protection of literary or artistic works first signed at Berne on September 9, 1886, was revised at Berlin in 1908, at Rome in 1928, at

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

Court : Delhi

Subject : MRTP

aspect. The counsel for the plaintiff has sought to contend that the 9. suit is under Section 60 of the Copyright Act.10. However, there is … 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

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 … The Defendant No. 2 unauthorisedly utilized the footage to the extent of 9 Hours 24 minutes and five seconds. Defendant No. 1 unauthorisedly utilized footage

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 … Nanded, Jalgaon and Akola, being licences No.1, 2, 4, 5, 7, 8, 9, 10, 14, 15, 16, 17, 18, 19 and 20 of 2010.2. In

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 … to be read as “or” creating a disjunctive reading of the provision.” 92. In A.K. Gopalan v. State of Madras AIR1950SC27 in the context 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 … and Mr. Nitin Bhardwaj, Advocates for D1, 2, 3, 7, 8 & 9.CORAM:HON'BLE MR. JUSTICE TEJAS KARIAJUDGMENTTEJAS KARIA, J I.A. 27016/20251. Defendant Nos. 1, 2,

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, … Members of the original respondent had Copyrights in respect of more than 95% of the Indian works. The original respondent has International Reciprocal agreements with

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 … course, thereforee, the agreement was to remain in force up to 31st August, 1990. However, by letter dated 9-2-1990 the petitioner gave six months notice to the respondent of its intention to terminate the agreement which was

Mallcom (India) Limited & Anr vs.rakesh Kumar & Ors

Court : Delhi

Subject : Land Acquisition

visual features, on account of style, constitute an “artistic work” within the meaning of Section 2(c) of the Copyright Act, 1957 and the plaintiff no.1 has also obtained a copyright registration for the artistic work in the mark (Label); … effect from 1st November, 2018 to the Delhi High Court (Original Side) Rules, 2018, particularly to the new Chapter XA inserted therein and Rule 1 titled “Summary Judgment” whereof provides “At the time of Case Management Hearing, … (x) the trade mark „CIGER‟ (LABEL) has been duly registered in Class 9 with effect from 30th September, 2010; (xi) the trade mark is written