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Prentice Hall India Pvt. Ltd. Vs. Prentice Hall Inc. and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Indian Companies Act, 1956; Copyright Act, 1957 - Sections 19(2) to (5) and 30; Contract Act - Sections 23 and 27; Copyright (Amendment) Act, 1994; Code of Civil Procedure (CPC) - Sections 10 and 151 - Order 1, Rule 10 - Order 39, Rules 1 and 2

Reported in : AIR2003Delhi236; 2002(25)PTC511(Del)

given vide Agreement dated 7.9.1983 from the legal point of view i.e. the osition as contained in the Copyright Act,1957. Section-2(j) of the Copyright Act defines 'exclusive license' and recognises that such a license can be granted. It … plaintiff committed breach of any term or condition of the Agreement and failed to remedy the breach within 30 days of receipt of written notice from the defendant No.1 or (ii) if the publisher went into liquidation

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 … made. It shows the duration of such coverage as being of footage taken from ESS's broadcast ranging upto 30 minutes. This again would clearly indicate that it is not a mere case of fair dealing by reporting

Srimagal and Co. Vs. Books (India) Pvt. Ltd. and ors.

Court : Chennai

Subject : Media and CommunicationIntellectual Property Rights

Acts : Copyright Act, 1957 - Sections 18, 19 and 30

Reported in : AIR1973Mad49

Two points are urged by the appellant, one based on Section 19 read with Section 18 of the Copyright Act, 1957 and the other as to the quantum of damages. On the first, the contention is that whereas Section … that Ex. P-28(a) is in compliance with the requirements of Section 19. As to the ground based on Section 30, we are satisfied that the licence was meant to be exclusive.That is also clear from Ex. P-28(a). But

M/s. Leopold Cafe and Stores and Another Vs. Novex Communications Pvt. ...

Court : Mumbai

Subject : Intellectual Property

to collect license fees and grant licenses on behalf of YRF and Shemaroo under Section 30 of the Copyright Act, 1957. That Section reads thus: 30. Licences by owners of copyright.— The owner of the copyright in any existing

Fortune Films International Vs. Dev Anand and anr.

Court : Mumbai

Subject : Media and CommunicationIntellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 13, 13(4), 14, 16, 17, 18, 19, 30, 55 and 55(1); Copyright Act, 1911 - Sections 35; Copyright Act, 1956 - Sections 48(1); Constitution of India - Article 133(1)

Reported in : AIR1979Bom17; (1978)80BOMLR263

the motion picture would belong to the producers. (3) [t was submitted that under the provisions of the Copyright Act, 1957, the copyright in a cine artiste's performance was not any 'work' which was protected and, therefore, despite the … shall be valid unless it is in writing signed by the assignor or by his duly authorised agent. Section 30 provides for granting of licence by the owner or a prospective owner of any copyright. There is only

Pvr Pictures Ltd. Vs. Studio 18

Court : Delhi

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 14, 14(1), 41 and 42; Copyright Act, 1957 - Sections 2, 17, 18, 19 and 30; Arbitration and Conciliation Act, 1996; Code of Civil Procedure (CPC) - Order 7, Rule 11 - Order 39, Rules 1 and 2

Reported in : 2009(41)PTC70(Del)

Rights by way of 'sole' and exclusive license by LICENSOR to the Distributor under the provisions of the Copyright Act, 1957 (as amended from time to time).XXXXX XXXXX XXXXX XXXXX TERMS AND CONDITIONS XXXXX XXXXX XXXXX XXXXX 2. The … terms, which were reflected in writing, in the TSA, it had to be treated as a license, under Section 30 of the Copyright Act (hereafter 'the Act'). Reliance is placed on the judgment reported as Kollipara Sriramulu v.

Bhandari Products, a Proprietory Concern Vs. Giriraj Enterprises and a ...

Court : Gujarat

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 27, 28, 28(3), 30 and 30(2); Copyright Act, 1957 - Sections 51; Code of Civil Procedure (CPC) - Order 6, Rule 17 - Order 39; Constitution of India - Article 227

Reported in : (2007)3GLR2427; LC2007(2)116; 2008(36)PTC558(Guj)

(hereinafter referred to as 'the Act') as well as infringement of Copyright Act particularly Section 51 of the Copyright Act, 1957). The plaintiff further prayed for account of profit and damage against Mr. Rajendra Maru, sole proprietor of M/s. … trial Judge has not properly considered the provisions of the Trade Mark particularly Section 28(3) read with Section 30(2)(e) of the Trade Marks Act, 1999.14. He has also relied on the judgement of the Hon'ble Supreme Court

Stokely Van Camp, Inc. and anr. Vs. Heinz India Private Limited

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 2, 9, 28, 29(2), 29(3), 30, 30(2), 31, 34, 35, 124, 124(1) and 124(5); ; Copyright Act, 1957 - Section 13; ; Prevention of Food Adulteration Rules, 1955; ; Trade Mark and Merchandise Marks Act, 1958

copyright; which the plaintiff termed as their original literary work within the meaning of Section 13 of the Copyright Act, 1957 (hereinafter referred to as 'the Copyright Act'). It is also averred that the actions of the defendant have … to the sports drinks;(iv) the expression used by the defendant falls within the ambit of the provisions of Section 30(2) of the T.M. Act, 1999 as it indicates the kind, quality, intended purpose, and the value and characteristics

Indian Performing Right Society Ltd. Vs. Aditya Pandey and Others

Court : Delhi

Subject : Education

to a Communication to the Public of Literary and Musical Works embodied in the Sound Recording under the Copyright Act 1957 post the said Act being amended by the Copyright (Amendment) Act 1994? If yes: Whether a separate license … the Act, the rights vested in them under Section 14 of the Act. The licensing provisions as per Section 30, Section 30A and Section 31 of the Act being the source of the power of IPRS to prevent

Zee Entertainment Enterprises Ltd. Vs. Mr. Gajendra Singh and ors.

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 14, 17 and 55(1); Factories Act; Copyright Act, 1914 - Sections 5; Copyright Act, 1911; Workmen's Compensation Act; Evidence Act - Sections 40 to 42 and 43; Dramatic Copyright Act, 1833

Reported in : 2007(6)ALLMR532; 2007(6)BomCR700; (2007)109BOMLR2072; 2008BusLR161(Bom); LC2007(3)299; 2008(36)PTC53(Bom)

departure from the traditional Antakshari game; the concept note is a literary work within the meaning of the Copyright Act, 1957 and the Plaintiff had and has the exclusive right to reproduce the same and to issue copies of … prepared by Defendant No. 1 under a contract of service with the Plaintiff. This is in view of Section 17(c) of the Copyright Act, 1957, which reads as under:17. First owner of copyright Subject to the provisions … At the request of Defendant No. 3, the matter was adjourned to 30.4.2007. By an order dated 6.6.2007, the Notice of Motion was ordered to