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Aug 20 2007

Yonex Kabushiki Kaisha Vs. Phillips International and anr.

Court : Delhi

Decided on : Aug-20-2007

Subject : Intellectual Property Rights

Acts : 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

Reported in : 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

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Mar 05 2009

Adobe Systems, Inc. and anr. Vs. Mr. P. Bhoominathan and anr.

Court : Delhi

Decided on : Mar-05-2009

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2 and 40; Code of Civil Procedure (CPC) - Order 9, Rules 7 and 13

Reported in : LC2009(2)277; 2009(39)PTC658(Del)

work as per Section 2(o) of the Copyright Act, 1957. The Plaintiffs' works are protected in India under Section 40 of the Copyright Act, 1957 read with the International Copyright Order, 1999 as the rights of authors of … as developed and marked by the Plaintiffs are 'computer programme' within the meaning of Section 2(ffc) of the Copyright Act, 1957 and also included in the definition of a literary work as per Section 2(o) of the Copyright Act,

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Jan 13 2006

Microforms Inc Vs. Girdhar and Co. and ors.

Court : Delhi

Decided on : Jan-13-2006

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 plaintiff also claims that it enjoys copyright protection in India as a consequence of the provisions of Section 40 of the Copyright Act and the Berne Convention, Universal Copyright Convention read with Indian International Copyright Order, 1999.6.

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Aug 02 2001

Smithkline Beecham Consumer Healthcare Gmbhy and ors. Vs. Hindustan Le ...

Court : Mumbai

Decided on : Aug-02-2001

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Sections 9, 11 and 151 - Order 2, Rules 1, 2 and 3; Companies Act, 1956; Copyright Act, 1957 - Sections 40, 58 and 62; Designs Act; International Copyright Order, 1958

Reported in : (2002)ILLJ453Bom

their aforesaid contracts of service. Copyright also subsists therein in Belgium. By virtue of Section 40 of the Copyright Act 1957, the said works also attract copyright protection in India, Belgium being a country specified in both the Schedule

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May 28 2009

Microfibres Inc. Vs. Girdhar and Co. and anr.

Court : Delhi

Decided on : May-28-2009

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 6, 11, 13, 13(2), 14, 15, 15(1), 15(2), 16, 22, 40, 63, 67; Copyright Act, 1967 - Sections 15; Designs Act, 2000 - Sections 2, 4, 11(2), 12 and 19(1); Design Act of 1911 - Sections 2(5); Patent and Designs Act; Patent Act; Trade Marks Act; U.K. Designs Act, 1949 - Sections 1(3); Trade and Merchandise Marks Act, 1958 - Sections 2(1); Indian Penal Code (IPC) - Sections 120B, 415, 420 and 479; New Design Rules, 2001; Copyright Law

Reported in : LC2009(2)229; 2009(40)PTC519(Del)

Matched in: Citation LC2009(2)229; 2009(40)PTC519(Del)

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Apr 30 2007

Microsoft Corporation Vs. Ms. K. Mayuri and ors.

Court : Delhi

Decided on : Apr-30-2007

Subject : Intellectual Property Rights

Acts : 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

Reported in : 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 … from and are first published in the said member countries. Plaintiff's works are, thus, protected in India under Section 40 of the Act read with the International Copyright Order, 1999. The case of the plaintiff is that the

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Sep 07 2007

Microsoft Corporation Vs. Mr. Kiran and anr.

Court : Delhi

Decided on : Sep-07-2007

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 7, 13(1), 14, 17, 40, 51(1), 115(4) and 201; Lanham Act; International Copyright Order, 1999

Reported in : LC2007(3)214; 2007(35)PTC748(Del)

from and are first published in the said member countries. Plaintiff's works are, thus, protected in India under Section 40 of the Copyright Act, 1957 read with the International Copyright Order, 1999. The case of the plaintiff is … 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

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Mar 01 2006

Saranya Zaveri and anr. Vs. Kamadon Academy P. Ltd.

Court : Kerala

Decided on : Mar-01-2006

Subject : Company

Acts : 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

Reported in : [2006]133CompCas546(Ker); 2008(38)PTC554(Ker)

is one of the countries covered by the International Copyright Order so as to bring the case under Section 40 of the Copyright Act, 1957. It was imperative for the plaintiff to plead the jurisdictional facts so as … 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

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Jun 16 2006

Microsoft Corporation Vs. Deepak Raval

Court : Delhi

Decided on : Jun-16-2006

Subject : Intellectual Property Rights

Acts : 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

Reported in : LC2007(1)72

from and are first published in the said member countries. Plaintiff's works are, thus, protected in India under Section 40 of the Copyright Act, 1957 read with the International Copyright Order, 1999. The case of the plaintiff is … 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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Jul 01 2009

Microsoft Corporation Vs. Mr. I. Sadiq Batcha and ors.

Court : Delhi

Decided on : Jul-01-2009

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 13(1), 14, 17, 20(1), 40 and 51; Trade and Merchandise Marks Act, 1958; Trade Marks Act, 1999; Delhi High Court Act - Sections 5(2); Delhi High Court (Amendment) Act; International Copyright Order, 1991

Reported in : 2009(40)PTC477(Del)

Matched in: Citation 2009(40)PTC477(Del)

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