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Apr 25 1978

Eastern India Motion Pictures and ors. Vs. Performing Right Society Lt ...

Court : Kolkata

Decided on : Apr-25-1978

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 14(1), 17 and 35

Reported in : AIR1978Cal477

B.C. Basak, J.1. This appeal under Section 72 of the Copyright Act, 1957 (hereinafter referred to as the said Act) is directed against an order of the Copyright Board constituted under … order of the Copyright Board constituted under the said Act (hereinafter referred to as the Board) passed under Section 35 of the said Act. The facts of this case are shortly as follows:The Performing Right Society Ltd., London,

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Jul 02 2008

Phonographic Performance Ltd. Vs. Hotel Gold Regency and ors.

Court : Delhi

Decided on : Jul-02-2008

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 30, 33, 33(1), 33(3), 34, 34(1), 34(3), 35, 35(2), 51, 53A, 54, 55, 61, 61(1) and 62; Indian Contract Act, 1872 - Sections 188; Companies Act, 1956; Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 11

Reported in : AIR2009Delhi11; 151(2008)DLT210; LC2008(2)451; 2008(37)PTC587(Del)

the maintainability of the suit:1. Whether, in view of the provisions of sections 33 and 34 of the Copyright Act, 1957, a suit for infringement of copyright would be maintainable at the instance of a registered copyright society in … rights after making deductions for its own expenses; (d) perform any other functions consistent with the provisions of section 35 of the said act. The submission is that these rights of administration do not include the right to

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May 25 2011

Event and Entertainment Management Association Vs. Union of India and ...

Court : Delhi

Decided on : May-25-2011

Subject : Societies Registration

Acts : Societies Registration Act, 1860; Copyright Act, 1957 - Sections 33, 31, 36, 35, 18; Constitution of India - Articles 14, 19(1)(g); Copyright Rules, 1958 - Rule 14H

Respondent No. 1 has registered PPL and IPRSL as copyright societies in terms of Section 33 of the Copyright Act, 1957 (CR Act). While PPL is registered as a copyright society for sound recordings, IPRSL is for musical and … any time lodge such objections in writing at the Copyright Office." Both objections were to be decided under Section 35 of the CR Act. The Amendment Act, 1994 introduces the concept of the copyright societies under Section 33

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Mar 14 1978

Fortune Films International Vs. Dev Anand and anr.

Court : Mumbai

Decided on : Mar-14-1978

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 … Copyright Act, 1911, and the Copyright Act, 1958, under the Copyright Act, 1911, 'dramatic work' is defined by Section 35 in the following words :'35. 'Dramatic work' includes any piece for recitation, choreographic work or entertainment in dumb

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Jun 04 2007

Dart Industries Inc. and anr. Vs. Techno Plast and ors.

Court : Delhi

Decided on : Jun-04-2007

Subject : Intellectual Property Rights

Acts : 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

Reported in : 2007(35)PTC285(Del)

Matched in: Citation 2007(35)PTC285(Del)

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Dec 20 2017

j.c. Bamford Excavators Limited & Anr. Vs.bull Machines Pvt. Ltd.

Court : Delhi

Decided on : Dec-20-2017

Subject : MRTP

suit was liable to be dismissed.12. Next, Mr Haksar submitted that by virtue of Section 52(1)(w) of the Copyright Act, 1957 (hereafter the „Copyright Act‟), making of three dimensional objects (allegedly infringing parts) from two dimensional technical drawings of … design ceases unless it is registered under the Designs Act. xxxx xxxx xxxx It that cannot be disputed 35. However, there can be no quarrel with the plea of Shri Ramachandran that the operation of Section 15(2)

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Apr 07 2011

The Federation of Hotels and Restaurants Association of IndiA. Vs. Uni ...

Court : Delhi

Decided on : Apr-07-2011

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2(ff), 13, 33(3), 34(3), 34, 78, 2(dd), 1 (2), 35 - Chapter 14 ; Constitution of India - Articles 226, 14, 19(1)(g), 12 ;

provisions of the Copyright Act, 1957, more particularly Sections 33, 34 and 35, are ultra vires the Constitution of India. (3) So far as the … of India for the issuance of an appropriate writ striking down Sections 2(ff), 13, 33(3), 34(3) of the Copyright Act, 1957 as these provisions are perceived by the Petitioners as being violative of Article 14 and 19(1)(g) of the … filed under Article 226 of the Constitution of India for the issuance of an appropriate writ striking down Sections 2(ff), 13, 33(3), 34(3) of the Copyright Act, 1957 as these provisions are perceived by the Petitioners as

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Oct 30 2018

Star India Private Limited Vs. Department of Industrial Policy and Pro ...

Court : Supreme Court of India

Decided on : Oct-30-2018

Subject : MRTP

Justice has held that there is sufficiency of the power under the TRAI Act as against the Indian Copyright Act, 1957. They travel in their respective paths, not intended to cross. The scope of the amendments made in the … of right concerned or for non-compliance of Section 108 registered by the copyright society 33-A, sub-section (3) of Section 35 and Section 36 or any change carried out in the instrument by which is established or incorporated and

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Jul 01 2019

Mrf Limited. Vs.metro Tyres Limited.

Court : Delhi

Decided on : Jul-01-2019

Subject : Service Tax

it is the author of the aforesaid advertisement which constitutes a „cinematograph work‟ under Section 2(f) of the Copyright Act, 1957 (hereinafter referred to as „Act, 1957‟) and is entitled to protect it under Section 14 of the Act, … Convention, cinematograph works were given express protection under the Imperial Copyright Act, 1911 under Section 1(2) and Section 35(1) which defined dramatic work to include cinematograph work of original character. He submitted that thus the right in

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May 16 2008

Entertainment Network (India) Ltd. Vs. Super Cassette Industries Ltd.

Court : Supreme Court of India

Decided on : May-16-2008

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 3, 4, 6, 11, 13, 13(4), 14, 14(1), 16, 17, 18, 19, 19A, 27, 30, 30A, 31, 31(1), 31(2), 31A, 31A(4), 32, 32(1A), 32A, 32B, 33, 33(3), 34, 34A, 34A(2), 35, 50, 51, 55, 63, 72, 74 and 78; Juvenile Justice Act; General Clauses Act; Copyright Rules, 1958 - Rules 3(3), 9, 11A, 11C(4), 11D, 14I, 14J and 14K; Constitution of India - Articles 14, 19(1) and 300A

Reported in : 2008(4)ALD47(SC); 2008(5)BomCR719; JT2008(7)SC11; LC2008(2)129; 2008(37)PTC353(SC); 2008(9)SCALE69; 2008AIRSCW6698; 2008(4)Supreme98; 2008(11)SCALE170; 2008(4)LH(SC)2638; 2008AIRSCW6698; 2008(4)LH(SC)2638

S.B. Sinha, J.1. Leave granted.INTRODUCTION2. Interpretation of Section 31 of the Copyright Act, 1957 (for the sake of brevity, hereinafter referred to as, `the Act') is involved in these appeals.We may notice … rights after making deductions for its own expenses;(iv) perform any other functions consistent with the provisions of Section 35.33. Sections 34A, 35, 50 and 51 of the Act read as under:34A. Payment of remuneration by copyright society.-

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