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Jun 04 1987

R. Madhavan Vs. S.K. Nayar

Court : Kerala

Decided on : Jun-04-1987

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 44 and 45

Reported in : AIR1988Ker39

the case it would be convenient to briefly deal with the law relating toinfringement of copyright. 13. The Copyright Act, 1957 (Act 14 of 1957) hereinafter referred to as 'the Act' for short, has been enacted by the Parliament … and (c) records. The meaning of the expression copyright has been defined in Section 14 of the Act. Section 44 of the Act deals with registration of copyright. It lays down that there shall be kept at the

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Nov 28 2008

Rajesh Masrani Vs. Tahiliani Design Pvt. Ltd.

Court : Delhi

Decided on : Nov-28-2008

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 13, 14, 15, 15(1), 15(2), 17 and 44; Designs Act, 2000 - Sections 2; Designs Act, 1911 - Sections 2(1)(5); Trade and Merchandise Marks Act, 1958 - Sections 2(1); Registration Act - Sections 48; Copyright Act, 1956 - Sections 49; Indian Penal Code (IPC), 1860 - Sections 479; Code of Civil Procedure (CPC) - Sections 151 - Order 39, Rules 1, 2 and 4 - Order 43, Rule 1

Reported in : AIR2009Delhi44; 2009BusLR280(Del); LC2009(1)252

It is well settled that although under the Copyright Act 1957, there is a provision of registration, under Section 44 of the Act. It is not in doubt that the said procedure is an enabling provision and registration … course of developing the garments and accessories by the plaintiff are artistic works under Section 2(c)(i) of the Copyright Act, 1957. The patterns printed or embroidered on the fabric are also artistic works in their own right and are

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Sep 23 2009

Dabur India Ltd. Vs. Sh. Ashok Aushadhi Udyog

Court : Delhi

Decided on : Sep-23-2009

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 17 and 44; Trade Mark Act; Registration Act - Sections 48

Reported in : 2009(41)PTC416(Del)

can always be copied and therefore, it needs adequate protection. It is well settled that although under the Copyright Act, 1957, there is a provision of registration, under Section 44 of the Act. It is not in doubt that

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Jul 16 1980

Nav Sahitya Prakash and ors. Vs. Anand Kumar and ors.

Court : Allahabad

Decided on : Jul-16-1980

Subject : Media and CommunicationIntellectual Property Rights

Acts : Copyright Act, 1957 - Sections 13, 17, 44, 45, 48, 51 and 55; Code of Civil Procedure (CPC) , 1908 - Sections 99 - Order 1, Rule 1

Reported in : AIR1981All200

follows : --'The Indian Copyright Act. 1914, had nowhere made any provision for theregistration, of copyrights. Under the Copyright Act, 1957, it appears that under Sections 13, and 45, the registration of a book with the Registrar of Copyrights, … behalf of the defendants that the suit was not maintainable, as the copyright had not been registered under Section 44 of the Indian Copyright Act, was also repelled. The fact of non-registration of copyright by the plaintiffs, or

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Aug 28 2003

Chatrapathy Shanmugham Vs. S. Rangarajan

Court : Chennai

Decided on : Aug-28-2003

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 14, 44, 51 and 55

Reported in : 2004(29)PTC702(Mad)

that he had registered his copyright in the Office of the Registrar of Copyrights, as set out under Section 44 of the Copy Right Act, 1957. The infringement would arise, if it satisfies the requirements under Section 51(a) … have to see the meaning of 'Copy Right' and the same is defined under Section 14 of the Copyright Act, 1957, which states:'Meaning of Copyright - (1) For the purpose of this Act, 'Copyright' means the exclusive right subject

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Sep 21 1995

Zahir Ahmed Vs. Azam Khan

Court : Kolkata

Decided on : Sep-21-1995

Subject : Criminal

Acts : Trade and Merchandise Marks Act, 1958 - Sections 14, 17, 44, 45, 51, 55, 72, 73, 74, 78 and 79; ;Copyright Act, 1957 - Sections 13, 14, 16, 17, 27, 44, 45, 48, 53A and 63; ;Partnership Act - Section 69; ;Copyright Rules, 1958 - Rules 16, 17 and 27; ;Code of Criminal Procedure (CrPC) , 1974 - Sections 156(3) and 482; ;Indian Penal Code (IPC), 1860 - Sections 156(3), 415, 420 and 511

Reported in : 1996CriLJ290

under Sections 78 and 79 of the Trade and Merchandise Marks Act, 1958 and Section 63 of the Copyright Act, 1957, read with Section 420 of the Indian Penal Code, and had prayed before him (learned Magistrate) for directing … to that I would at once note with a minute of dissent that although the Copyright Act under Section 44 provides for registration of a work in which copyright subsists, registration is not necessary to claim copyright. Copyright

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Jul 04 1997

Burroughs Wellcome (India) Ltd. Vs. Uni-sole Pvt. Ltd. and Another

Court : Mumbai

Decided on : Jul-04-1997

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 44, 45 and 48; Code of Civil Procedure (CPC), 1908 - Order 39, Rules 1 and 2; Drug Act, 1950; Registration Act, 1908 - Sections 48; Trade Mark Act, 1958

Reported in : 1998(1)ALLMR290; 1998(3)BomCR481

be copied and therefore, it needs adequate protection. It is well settled that although under the Copy Right Act 1957, there is a provision of registration, under section 44 of the Act. It is not in doubt that … is passed : a) The case debated on whether the registration was required in the infringement of the copyright that showed the use of 'simptran' as against 'septran' - It was contended that after the change in

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Sep 07 2006

Universal Music India Ltd. and anr. Vs. Union of India (Uoi)

Court : Delhi

Decided on : Sep-07-2006

Subject : Intellectual Property Rights

Acts : Companies Act, 1956 - Sections 4D, 10A to 10D, 79, 111(4), 237, 397, 398, 399, 399(1), 399(2), 399(3), 399(4), 399(5), 401, 402 and 642; Copyright Act, 1957 - Sections 33; Industrial Disputes Act, 1947 - Sections 10; Code of Civil Procedure (CPC) - Sections 86, 92, 92(1) and 92(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 195 and 197; Companies (IInd Amendment) Act, 2003 - Sections 44; Constitution of India - Article 226; Army Act, 1950 - Sections 19; Army Rules, 1954 - Rule 14; Land Acquisition Act - Sections 17(4); Foreign Exchange Regulation Act; Electricity Act, 1910 - Sections 4(1); Border Security Force Act, 1968; Bombay Provincial Municipal Corporation Act, 1949; Minimum Wages Act, 1948 - Sections 5(1); Arbitration and Conciliation Act, 1996 - Sections 11, 11(4),

Reported in : [2008]87SCL51(Delhi)

no share capital. In 1996, this company was registered as a copyright society under Section 33 of the Copyright Act, 1957 with the object of carrying out copyright business in respect of literary and musical copyrights in musical works. … the power to adjudicate on proceedings under Section 397 was vested in the court. Subsequently, by virtue of Section 44 of the Companies(IInd Amendment) Act, 2003, 'Court' was substituted by the 'Company Law Board' which is empowered to

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Jun 15 2001

Ushodaya Enterprises Limited Vs. T.V. Venugopal and Another

Court : Andhra Pradesh

Decided on : Jun-15-2001

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 13, 13(1), 14, 17, 44, 45, 50, 51, 55, 62 and 72; Code of Civil Procedure (CPC), 1908 - Sections 26 - Order 7, Rule 1; Trade and Merchandise Marks Act, 1958 - Sections 21, 27, 81, 105 and 106; Trade and Merchandise Marks Rules, 1959; Specific Relief Act, 1963 - Sections 41(1)

Reported in : 2001(4)ALD723

infringement of copyright before the civil Court but have to initiate the proceedings under Section 50 of the Copyright Act, 1957 for rectification of the copyright. It is alleged that the learned single Judge overlooked the legal position that … in Telugu script. Then the learned single Judge proceeded to examine the provisions under Sections 2, 13, 14, 44, 45, 50, 51, 55 and 72 of the Copyright Act and also referred to various decisions. The learned

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Feb 20 2008

Marico Limited a Company Registered Under the Companies Act, 1956 Vs. ...

Court : Mumbai

Decided on : Feb-20-2008

Subject : Intellectual Property Rights

Acts : Designs Act, 2000; Trade and Merchandise Marks Act, 1958 - Sections 2(1); Copyright Act, 1957 - Sections 2, 11, 19, 19(2), 19(3), 22, 22(3), 22(4) and 44(1); Designs Act, 1949 - Sections 1, 1(1) 1(2), 2(1) and 44; Code of Civil Procedure (CPC) - Sections 43 - Order 41, Rule 22(1); Indian Penal Code (IPC) - Sections 479

Reported in : AIR2008Bom111; 2008(3)BomCR659; (2008)110BOMLR638; 2008(37)PTC109(Bom)

Code (45 of 1860) or any artistic work as defined in Clause (c) of Section 2 of the Copyright Act, 1957 (14 of 1957) Section 19. - Cancellation of registration:(1) Any person interested may present a petition for the … be supplied in many cases by applying the criterion given by McCowan L.J., namely: that to qualify under Section 44(1) a spare part has to have an independent life as an article of commerce and not be merely

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