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Sep 20 2007

Jorden Electronics and anr. Vs. Bombino Video (P) Ltd.

Court : Delhi

Decided on : Sep-20-2007

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 61; Code of Civil Procedure (CPC) - Order 39, Rules 1 and 2

Reported in : LC2007(3)361; 2007(35)PTC854(Del)

repeatedly pointed out the failure of the plaintiff to comply with the mandate of Section 61 of the Copyright Act, 1957 which requires that in every civil suit or other proceedings regarding infringement of copyright instituted by an exclusive

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Sep 26 2008

Espn Star Sports Vs. Global Broadcast News Ltd. and ors.

Court : Delhi

Decided on : Sep-26-2008

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

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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)

copyright society in the absence of the owner of the copyright?2. Whether, in view of the provisions of section 61 of the Copyright Act, 1957, inasmuch as the owner of the copyright has not been made a party … 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

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Feb 18 2008

Espn Stars Sports Vs. Global Broadcast News Ltd. and ors.

Court : Delhi

Decided on : Feb-18-2008

Subject : Media and Communication

Acts : Code of Civil Procedure (CPC) - Order 1, Rule 9 - Order 39, Rules 1 and 2; Copyright (Amendment) Act, 1994; Copyright Act, 1957 - Sections 16, 18, 19, 19A, 30, 30A, 37, 37(3), 39, 39A, 52, 53, 55, 58, 61, 61(1), 64, 65 and 66

Reported in : LC2008(2)75; 2008(36)PTC492(Del)

Counsel submitted that broadcast reproduction rights are a special class of rights, recognized under Part VIII of the Copyright Act, 1957 (hereafter 'the Act'). He relied upon Section 37 for the purpose. According to counsel, Section 37(3) provides, in … the need to implead the owner of the Copyright in this case, (i.e the ACB), in terms of Section 61(1), thereforee, were inapplicable.16. Learned Counsel relied upon the Broadcast Code published by the British Broadcasting Corporation (BBC) and

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Feb 21 2003

Aga Medical Corporation Vs. Mr. Faisal Kapadi and anr.

Court : Delhi

Decided on : Feb-21-2003

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 13, 14, 15, 15(2) and 61; Designs Act, 1911; Patents Act; Trade and Merchandise Marks Act, 1958 - Sections 2(1); Indian Penal Code (IPC), 1860 - Sections 479; Designs Rules, 2001; Code of Civil Procedure (CPC) - Sections 151 - Order 39, Rules 1 and 2

Reported in : 2003IIAD(Delhi)351; 103(2003)DLT321; 2003(26)PTC349(Del); 2003(2)RAJ86

the drawings of the product which are the original artistic work of the plaintiff within the meaning of Copyright Act 1957 and the plaintiff has registered its brochures in the United States Copyright Office vide registration dated 10.7.2002 and … author of the said drawings has not been made a party to the present proceedings as required under Section 61 of the Copyright Act. This argument is based on the submission that as per the plaintiff's own showing,

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Jul 02 2008

Phonographic Performance Ltd. Vs. Lizard Lounge and ors.

Court : Delhi

Decided on : Jul-02-2008

Subject : Intellectual Property Rights

Acts : Code of Civil Procedure (CPC) - Order 7, Rule 11; Copyright Act, 1957 - Sections 33, 34 and 61

Reported in : LC2008(2)465

copyright society in the absence of the owner of the copyright?2. Whether, in view of the provisions of section 61 of the Copyright Act, 1957, inasmuch as the owner of the copyright has not been made a party … been considered in that application: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

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Feb 13 2012

Anuradha Paudwal and Another Vs. Brij Mohan Bhardwaj and Another

Court : Punjab and Haryana

Decided on : Feb-13-2012

Subject : Land Acquisition

Company, on accusation of having committed the offence punishable under Sections 61, 63, 65 and 69 of The Copyright Act, 1957 and Sections 467, 468, 471 and 420 IPC. 3. The case set-up by the complainant, in brief, insofar … M/s. Sardar Cassette Company and M/s Jain and Company, on accusation of having committed the offence punishable under Sections 61, 63, 65 and 69 of The Copyright Act, 1957 and Sections 467, 468, 471 and 420 IPC.

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Aug 05 2005

Eurokids International Pvt. Ltd. Vs. India Book Distributors Egmont Bo ...

Court : Mumbai

Decided on : Aug-05-2005

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 3, 14, 16, 17, 18, 19, 21, 51, 54, 61 and 61(1)

Reported in : 2005(6)BomCR198

created in favour of plaintiffs.9. In support of his submissions Mr. Saraf invites my attention to definitions in Copyright Act, 1957 (hereinafter referred to as 'the Act' for the sake of brevity) and more particularly term 'Exclusive Licence' (Section … for contesting defendant No. 1 firstly submits that the suit is not maintainable. He invites my attention to Section 61 of the Act. He submits that Sub-section (1) of Section 61 makes it mandatory that in a suit

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Mar 28 2008

J.B. Khanna and Company Vs. S. Asad

Court : Chennai

Decided on : Mar-28-2008

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 13(1), 13(2), 19, 19A and 55; Evidence Act - Sections 61; Code of Civil Procedure (CPC) - Order 26, Rule 1 Order 20, Rule 17 - Order 39, Rules 1 and 2

Reported in : 2008(5)MhLj1469; LC2008(3)19

and Ex.P.6 and P.10 are different from Ex.P.11 and P.13.10. It is to be noted that as per Copyright Act, 1957, registration is not a compulsory one. As a matter of fact, there is no section in the Copyright … Anr. v.The Joint Director, Consolidation, Govt. of Bihar, wherein it is held as follows:Evidence Act (1 of 1872), Section 61 - Documents upon which reliance is placed - Must be brought on record legally - Documents do not

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May 24 2006

Firos Vs. State of Kerala

Court : Kerala

Decided on : May-24-2006

Subject : Media and CommunicationIntellectual Property Rights

Acts : Information Technology Act, 2000 - Sections 70, 70(1) and 81; Copyright Act, 1957 - Sections 2, 17, 60 and 61; Constitution of India - Articles 19(1) and 226; Copyright (Amendment) Act, 1999; Limitation Act - Sections 60 and 61; Specific Relief Act, 1963 - Sections 34

Reported in : AIR2006Ker279; 2006(3)KLT210; 2007(34)PTC98(Ker)

law that copyright can be claimed for IPR in the software in view of the amendment in the Copyright Act, 1957 in 1994. When respondents 1 to 4 arranged to modify the software 'FRIENDS' to suit its further requirements … filed a suit before the District Court, Thiruvananthapuram under Sections 60 and 61 of the Copyright Act against the petitioner alleging infringement of copyright and … J.B. Koshy, J.1. Appellant/petitioner approached this Court for declaring that Section 70 of the Information Technology Act, 2000 (hereinafter referred to as 'the Act') is unconstitutional and unenforceable and

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