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Deshmukh and Co. (Publishers) Pvt. Ltd. Vs. Avinash Vishnu Khandekar a ...

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Copyrights Act, 1957 - Sections 14, 18, 19, 19A, 45 and 62; Copyrights (Amendment) Act, 1988 - Sections 90(2); Copyrights Act, 1956 - Sections 36(2); Copyrights Act, 1911 - Sections 5(2); Evidence Act; Code of Civil Procedure (CPC) - Order 6, Rule 15

Reported in : 2005(3)ALLMR33; 2006(2)BomCR321; 2005(3)MhLj387; 2006(32)PTC358(Bom)

an order dated 7-8-2001 shall continue to operate for further period of 8 weeks i.e. upto 30-6-2005. (A) Copyright Act, 1957 - Section 62 - Civil Procedure Code, 1908 - Section 96 - Appeal - Interference in findings of … statement. The very same written statement was adopted by the other defendants vide their purshis dated 27-4-2000 (Exhibit 36). They denied rights claimed by the plaintiff in literary work of late Shri V.S. Khandekar. It was denied

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

Court : Delhi

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 … owners of the copyrights, cancel the registration of such society after such inquiry, as may be prescribed. Under Section 36 CR Act, the central government can also call for any report or any record of any copyright society

Anwar Mohammad Khan Son of Sri Niyamatullah Khan Vs. Sri Taj Mohammad ...

Court : Allahabad

Subject : Intellectual Property Rights

Acts : Trade and Merchandise Marks Act, 1958 - Sections 9, 11, 12, 19, 27, 28, 29, 31, 71, 78, 79, 105, 106 and 159; Copyright Act, 1957 - Sections 63; Indian Penal Code (IPC) - Sections 420, 485, 486 and 487; Trade Marks Act, 1999 - Sections 18, 19, 21, 22, 23, 27, 27(1), 27(2), 124, 124(5), 134, 134(1), 135 and 135(2); Specific Relief Act, 1963 - Sections 36 to 42; Code of Civil Procedure (CPC) - Sections 151 - Order 39, Rules 1 and 2 - Order 41, Rule 22(1)

Reported in : 2006(3)AWC2166

registered at number 611689 (subsequently corrected as 611389) under the Trade and Merchandise Marks Act, 1958 and the Copyright Act, 1957 and the plaintiff No. 1- respondent Taj Mohammad Khan assigned the said trade mark and Copyright 'Ped Chhap … the artistic work, lettering and colouring etc in the registered trade mark and has committed offences punishable under Section 78 and 79 of the Trade And Merchandise Marks Act, 1958 (hereinafter referred to as 'the Act No. … Dhariwal Industries Ltd. and Anr. v. M.S.S. Food Products 2005 (1) CRC 361 in relation with Section 27 of the Act, 1999, the apex Court

Commissioner of Income Tax 4 Vs. Techno Shares and Stocks Limited and ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(13), 2(36), 32, 32(1) and 47; Indian Easements Act, 1882 - Sections 52; Indian Contract Act, 1872; Industries (Development and Regulation) Act, 1951 - Sections 11; Central Excise Act, 1944 - Sections 6; Securities Contracts (Regulation) Act, 1956 - Sections 17; Banking Regulation Act, 1949 - Sections 22; Cantonments Act, 2006; Food Safety and Standards Act, 2006 - Sections 31; Insecticides Act, 1968 - Sections 13; Off-shore Areas Mineral (Development and Regulation) Act, 2002; Bombay Prohibition Act, 1949 - Sections 31; Patents Act, 1970; Copyrights Act, 1957; Trade Marks Act 1999; Bombay Shops and Establishments Act, 1948 - Sections 2(4); Societies Registration Act, 1860; Maharashtra Rent Control Act, 1999 - Sections 3(1)

Reported in : 2009(111)BomLR3801; (2009)225CTR(Bom)337; [2009]184TAXMAN103(Bom)

Section 32 of the Act. It is contended that there is a difference between acquiring a knowhow, patent, copyright or a trade mark and acquiring a licence to use such knowhow, patents, copyright, trade mark or franchise. … intellectual property rights, such as patents and copyrights, the legislature has enacted the Patents Act, 1970 and Copyrights Act, 1957 containing licencing provisions. Under the Patents Act, a patent grant gives the patentee exclusive right to make or … apply to licences relating to acquisition / user of intellectual property rights. 36. The argument advanced by the counsel for the assessees that since the

Abdulgafar A. Nadiadwala Vs. Assistant Commissioner of Income Tax and ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 80HHC, 80HHC(4A), 80HHF, 80HHF(1), 80HHF(3) and 80HHF(5); Constitution of India (Forty-sixth Amendment) Act, 1982; Sales Tax Laws; Income Tax Rules - Rule 9A, 9A(7), 9B and 9B(6)

Reported in : (2004)188CTR(Bom)232; [2004]267ITR488(Bom)

object of the legislation(C) That the copyright subsists in cinematograph films as defined under Section 13 of the Copyright Act, 1957 The registration of the copyright is not compulsory The Ministry of Law, Justice and Company Affairs has expressed … house for the purpose of export. 9 of paper book-I) clearly described the pre-recorded beta-cam tape as goods. 36. Learned counsel supporting the assessee contend that it is well settled that two wings of the Government cannot

Mattel, Inc. and ors. Vs. Mr. Jayant Agarwalla and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trademarks Act, 1999 - Sections 11(6), 27, 29 and 36; Copyright Act, 1957 - Sections 2, 14, 15 and 15(2); Designs Act, 2000 - Sections 2, 6, 15(2) and 47(2); Patents Act, 1970 - Sections 3; Designs Act, 1911; Lanham Act; Code of Civil Procedure (CPC) , 1908 - Order 39, Rules 1 and 2; Designs Rules, 2001 - Rule 10

Reported in : 153(2008)DLT548; LC2008(3)298; 2008(38)PTC416(Del)

version of the game since the first in 1932 is an artistic work under Section 2(c) of the Copyright Act, 1957 and the plaintiffs' works are entitled to protection in India by virtue of the International Copyright Order, 1991. … searchingly'. 18. It was next urged that the plaintiffs cannot seek enforcement of the trademark SCRABBLE, because of Section 36 of the Trademarks Act, which reads as follows:36. Saving for words used as name or description or an

Super Cassettes Industries Ltd. Vs. Mr. Punit Goenka and anr.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 13, 14, 18, 19, 30, 31, 31(1), 31A, 31A(4), 32, 51, 55, 63, and 135B(1); Code of Civil Procedure (CPC) , 1908 - Order 1, Rule 10 - Rules 1 and 2

Reported in : 2009(41)PTC1(Del)

of absence of itemized songs, non compliance of provisions of assignment of Section 18 and 19 of the Copyright Act, 1957 and the maintainability of the suit in the absence of the original owners and have also denied any … Lac Thirty Three Thousand Three Hundred Thirty Six Only) for the month of February to March, 2009 arose. 36. Once I have found that there is no implied ouster upon this Court to grant relief against the

Bharat Glass Tube Limited Vs. Gopal Glass Works Limited

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Designs Act, 2000 - Sections 1, 1(3), 2, 3, 4, 5, 6, 7, 9, 10, 11, 11(2), 12, 17, 18, 19, 22, 32, 36, 37, 44 and 51; Designs Act, 1911 - Sections 51A; Trade and Merchandise Marks Act, 1958 - Sections 2 and 2(1); Indian Penal Code (IPC), 1860 - Sections 479; Copyright Act, 1957 - Sections 2; Registered Designs Act, 1949; Designs Rules, 2001 - Rules 11 and 29

Reported in : AIR2008SC2520; LC2008(2)173; (2008)5MLJ939(SC); 2008(37)PTC1(SC); 2008(8)SCALE4; (2008)10SCC657; 2008AIRSCW3509; 2008AIRSC2520; [2008] 7 SCR 397

Penal Code (45 of 1860) or any artistic work as defined in clause) of Section 2 of the Copyright Act, 1957 (14 of 1957);Section 2(g) defines original which reads as follows:(g) 'original', in relation to a design, means originating … set aside the registration of the respondent. Aggrieved against this order the respondent filed a regular appeal under Section 36 of the Act of 2000 before the High Court. Learned Single Judge after considering the matter reversed the

Gopal Glass Works Ltd. Vs. Assistant Controller of Patents and Designs ...

Court : Kolkata

Subject : Intellectual Property Rights

Acts : Designs Act, 2000 - Sections 2, 4, 19, 19(2), 36 and 51; ;Trade and Merchandise Marks Act, 1958 - Section 2(1); ;Indian Penal Code (IPC) - Section 479; ;Copyright Act, 1957 - Section 2; ;Designs Act, 1911 - Section 51A

Reported in : (2007)1CALLT290(HC),2006(3)CHN188,2006(33)PTC434(Cal)

Code (45 of 1860) or any artistic work as defined in Clause (c) of Section 2 of the Copyright Act, 1957 (14 of 1957);(e) ...(f) ...(g) 'original', in relation to a design, means originating from the author of such … Indira Banerjee, J.1. The Court: This appeal under Section 19(2) read with Section 36 of the Designs Act, 2000, hereinafter referred to as the said Act, is from an order dated 20th

Samsonite Corporation Vs. Vijay Sales

Court : Delhi

Subject : Intellectual Property Rights

Acts : Code of Civil Procedure (CPC), 1908 - Order 39, Rules 1, 2 and 4; Designs Act, 1911; Industrial Designs Act, R.S.C. 1970; Copyrights Act, 1957 - Sections 15

Reported in : 73(1998)DLT732

is a three dimensional representation, is an original artistic work within the meaning of Section 2(c) of the Copyright Act, 1957. The said artistic work is subject matter of copyright protection in India by virtue of India's membership to … 26 R.P.C. 765, per Cozens Hardy M.R.; Jones Brothers Ltd. v. Anglo American Optical Co. (1912) 29 R.P.C. 361, per Cozens Hardy M.R.; Smith's Potato Crisps Ltd. v. Paige Potato Crisps Ltd. (1928) 45 R.P.C. 132, per