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Yonex Kabushiki Kaisha Vs. Phillips International and anr.
Delhi
Aug-20-2007
Intellectual Property Rights
Copyright Act, 1957 - Sections 2, 13 and 40; Trade Marks Act, 1999 - Sections 27, 27(2), 28, 28(3), 30(1) and 31; Code of Civil Procedure (CPC) - Order 39, Rules 1 and 2
LC2007(3)228; 2007(35)PTC345(Del)
the Universal Copyright Convention, the plaintiff's works are protected in India by virtue of Section 40 of the Copyright Act 1957, read in conjunction with the International Copyright Order 1999.5. It is further submitted that the plaintiff is also … the meaning of Section 2(c) of the Copyright Act and thereforee is subject matter of copyright protection under Section 13 of the Copyright Act. The label has been created for the plaintiff by its employees, in the course
Tag this Judgment! AI Brief & AskDart Industries Inc. and anr. Vs. Techno Plast and ors.
Delhi
Jun-04-2007
Intellectual Property Rights
Designs Act, 2000 - Sections 2, 4, 11, 18, 19, 20, 22, 22(2)(3), 22(3) and 29; Copyright Act, 1957 - Sections 2, 13, 14, 15, 17, 45, 51, 53 and 55; Designs Rules, 2001; Designs Act, 1911; Patent Act; Code of Civil Procedure (CPC) - Order 39, Rules 1 and 2
2007(35)PTC285(Del)
injunction against the defendants under Section 22 of the Designs Act, 2000 read with Section 55 of the Copyright Act, 1957. The plaintiff No. 1 is a company incorporated under the laws of Delaware, USA. The plaintiff No. 2 … of the copyright in the said artistic work. The plaintiffs claim that in view of the provisions of Section 13 and 14 of the Copyright Act, they are entitled to bundle of exclusive right including the the right
Tag this Judgment! AI Brief & AskMicrosoft Corporation Vs. Ms. K. Mayuri and ors.
Delhi
Apr-30-2007
Intellectual Property Rights
Copyright Act, 1959 - Sections 2, 7, 13(1), 14, 17, 40, 51 and 201; Copyright Act, 1957 - Sections 13(1), 14, 40, 55 and 116(4); Copyright, Designs and Patents Act, 1988 - Sections 96 and 97; Trade Marks Act, 1999 - Sections 135
LC2007(3)27; 2007(35)PTC415(Del)
and marketed by the Plaintiff is a 'computer programme' within the meaning of Section 2 (ffc) of the Copyright Act, 1957 and included in the definition of a literary work as per Section 2(o) of the Act.6. I affirm … as the supplementary User Instructions and Manuals, are 'original literary works' as contemplated under Section 2(o) and Section 13(1)(a) of the Act. The plaintiff is the owner of the said copyright. A complete list of the software
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Microsoft Corporation Vs. Mr. Kiran and anr.
Delhi
Sep-07-2007
Intellectual Property Rights
Copyright Act, 1957 - Sections 2, 7, 13(1), 14, 17, 40, 51(1), 115(4) and 201; Lanham Act; International Copyright Order, 1999
LC2007(3)214; 2007(35)PTC748(Del)
software developed and marketed by the plaintiff is 'computer programme' within the meaning of Section 2(ffc) of the Copyright Act, 1957 (herein after referred to as the said Act) and included in the definition of a literary work as … as the supplementary User Instructions and Manuals, are 'original literary works' as contemplated under Section 2(o) and Section 13(1)(a) of the Copyright Act, 1957. The plaintiff is the owner of the said copyrights. The rights of authors
Tag this Judgment! AI Brief & AskSaranya Zaveri and anr. Vs. Kamadon Academy P. Ltd.
Kerala
Mar-01-2006
Company
Trade Marks Act, 1999 - Sections 134, 134(1) and 134(2); Copyright Act, 1957 - Sections 2, 13, 40, 55, 62, 62(1) and 62(2); Kerala Stamp Act - Sections 33; Corporations Act, 2001 - Sections 45A, 114, and 127(1); Evidence Act - Sections 85; Code of Civil Procedure (CPC) - Sections 15 to 20, 21, 26, 43, 115 and 151 - Order 3, Rule 1 - Order 7, Rule 1, 8, 10, 11 - Order 8, Rule 3 - Order 43, Rule 1; Constitution of India - Article 227
[2006]133CompCas546(Ker); 2008(38)PTC554(Ker)
1, Civil Procedure Code and Section 134 of the Trade Marks Act, 1999 and Section 62(2) of the Copyright Act, 1957, is for a declaration that the plaintiff is the exclusive owner and proprietor of the marks Kamadon and … that he first published the work in Australia. This is the minimum that is to be pleaded under Section 13 of the Copyright Act. From a reading of the plaint it is not discernible as to which is
Tag this Judgment! AI Brief & AskTime Warner Entertainment Company I.P. and ors. Vs. Rpg Netcom Ltd.
Delhi
Feb-29-2008
Intellectual Property RightsMedia and Communication
Copyright Act, 1957 - Sections 13(1) and 14; Cable Television Networks (Regulations) Act, 1995 - Sections 2 and 21; Cable Television Network Rules, 1994 - Rule 6(3); Code of Civil Procedure (CPC) - Order 1, Rule 1; International Copyright Order, 1991; Trade and Merchandise Marks Act, 1999 - Sections 134(4)
2008(102)DRJ499; 2008(37)PTC21(Del)
included in the First schedule of the International Copyright Order, 1991, read with the relevant provisions of the Copyright Act, 1957 (hereafter referred to as 'the Act'), they have exclusive claims to the rights mentioned in Section 14 of … and also photocopies of certificates of the Censor Board in relation to some of the aforesaid films. 9. Section 13(1)(b) of the Copyright Act, 1957 provides that copyright subsists in cinematograph films. According to Section 14, 'copyright' means
Tag this Judgment! AI Brief & AskEastern Book Company and ors. Vs. D.B. Modak and anr.
Supreme Court of India
Dec-12-2007
Intellectual Property Rights
Companies Act, 1956; Copyright Act, 1957 - Sections 2, 13, 13(1), 13(2), 13(3), 14, 14(1), 16F, 16F(4), 17, 51, 52 and 52(1); Uttar Pradesh Copyright (Amendment) Act, 1975; Constitution of India - Articles 10, 15, 15(4), 16(4), 29, 226, 338(3), 340(1), 341 and 342; Terrorist and Disruptive Activities (Prevention) Act - Sections 2, 2(1) and 3(4); Indian Penal Code (IPC) - Sections 2 and 201; Central Excise Tariff Act, 1985; Indian Soldiers (Litigation) Act, 1925; Income Tax Act, 1922 - Sections 34; Income Tax Act, 1961 - Sections 147; Surtax Act, 1964 - Sections 8; Central Excise Act, 1944 - Sections 11B, 11D, 11E, 12A, 12B, 12C and 12D; Copyright (Amendment) Act, 1983; Copyright (Amendment) Act, 1984; Copyright (Amendment) Act, 1994; Copyright Act, 1842
AIR2008SC809; 2008(2)ALD1(SC); 2008(56)BLJR181; (2008)1CALLT69(SC); (2008)1CompLJ1(SC); 2008(1)JKJ41[SC]; LC2008(1)56; (2008)1MLJ361(SC); 2008(36)PTC1(SC); 2007(14)SCALE1; 2008AIRSCW49; AIR2008SC809; 2008(1)SCC1; 2008(1)LH(SC)179; 2008(2)ICC206; 2008(4)KCCRSN237
it constitutes an `original literary work of the appellants in which copyright subsists under Section 13 of the Copyright Act, 1957 (hereinafter referred to as the Act ) and thus the appellants alone have the exclusive right to make
Tag this Judgment! AI Brief & AskThe Academy of General Education Represented by the Registrar Sri K.K. ...
Karnataka
Dec-05-2007
Intellectual Property Rights
Copyright Act, 1957 - Sections 2, 13, 13(1), 40 and 41; Copyright Act, 1956 - Sections 4
ILR2008KAR1074; LC2008(1)373; ILR2008(1)Kar1075; 2008(1)KCCRSN82; 2008(2)AIRKarR517; AIR2008NOC1286; 2008AIHC2063(Kar)
to the definitions of the expressions 'literary work', 'dramatic work' and also to the relevant provisions of the Copyright Act, 1957.48. Section 13 of the Copyright Act, 1957 ('the Act' in short) in the heart and soul of the
Tag this Judgment! AI Brief & AskAgarwala Publishing House Vs. Board of High School and Intermediate Ed ...
Allahabad
Apr-19-1966
Intellectual Property Rights
Uttar Pradesh Intermediate Education Act, 1921 - Sections 15; Copyright Act, 1957 - Sections 2, 13, 17 and 18
AIR1967All91
musical or artistic works', and therefore do not come within the purview of Section 13 of the Indian Copyright Act, 1957. 3. Even if there is any copyright in such a question paper, it belongs to the author (i.e.
Tag this Judgment! AI Brief & AskMicrosoft Corporation Vs. Deepak Raval
Delhi
Jun-16-2006
Intellectual Property Rights
Copyright Act, 1959 - Sections 2; Copyright Act, 1957 - Sections 2, 7, 13(1), 14, 17, 40, 51, 51(1), 58, 116(4) and 201; International Copyright Order, 1999
LC2007(1)72
User Instructions and Manuals, are 'original literary works' as contemplated under Section 2(o) and Section 13(1)(a) of the Copyright Act, 1957. The plaintiff is the owner of the said copyright. A complete list of the software programme owned by
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