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

Court : Supreme Court of India

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

power to make rules. The Central Government in exercise of the said power framed rules known as 'The Copyright Rules, 1958' (for short 'the Rules').. Chapter V of the Rules deals with the provisions relating to Cooperative Societies. Relevant … with Mr. Prakash Iyer at 852-3880 extn. 3291 or Mobile : 982- 11-82869 982- 11-82869 in the next 7 days to set up a date and time for the meeting.9. Indisputably, appellant, in the suit filed by

The Gramophone Company of India Ltd Vs Super Cassette Industries Ltd.

Court : Delhi

Subject : Copyright Act

Acts : Copyright Act, 1957 - Sections 52(1)(j), 52A, 52(1)(j)(ii)

founded on the plain language of Section 52(1)(j) of the Copyright Act, 1957 and Rule 21 of the Copyright Rules, 1958 (The Rules) as amended. Ld. counsel for the Defendant submits that the following conditions need only be fulfilled … of the calendar year next following the year in which the film or the sound recording is published.36. Chapter VI deals with licences. Section 30 deals with voluntary licences which may be granted by the owner of … dispose off I.A No. 2382/2005 in C.S.(OS) No. 399/2005 and I.A. No. 7050/1999 in C.S.(OS) No. 1625/1999. Since the parties and the issues involved in

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

commercially exploited. Copyright societies collect royalties after deduction of administrative expenses as prescribed under Rule 14H of the Copyright Rules, 1958 (CR Rules) which are distributed amongst the members of the copyright societies in proportion to the actual use … by the amendments brought about by the Copyright (Amendment) Act, 1994 (Amendment Act 1994), the erstwhile provisions of Chapter VII of the CR Act relating to performing right societies were replaced. The new Chapter VII contains elaborate … been enclosed with PPLs counter affidavit. Stand of Respondent No. 4 IPRSL 7. Respondent No. 4, IPRSL, in its counter affidavit raises more or less

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

Court : Delhi

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 ;

the Central Government to make Rules for carrying out the purposes of the statute. Chapter V of the Copyright Rules, 1958 framed pursuant thereto, concerns the registration and functioning of Copyright and Performing Societies, such as IPRS and PPL. … the Petitions as not maintainable on the strength of Federal Bank Ltd. vs- Sagar Thomas, (2003) 10 SCC 733, wherein the Supreme Court has laid down that the existence of merely regulatory provisions, intended to ensure that

Phonographic Performance Ltd. and Ors. Vs. Uoi and Ors

Court : Delhi

Subject : Land Acquisition

the Copyright Board on payment of such fee as may be prescribed. Rule 26 sub-clause (1) of the Copyright Rules, 1958, provides that all the fees payable under the said Act shall be as specified under the Second Schedule. … and the procedure of the Copyright Board has been defined under Section 12 of the said Act. However, Chapter X of the said Act pertains to registration of copyright and contains Sections 44 to 50A. The Act … and Mr. Dheeraj P. Deo, Advocates for Respondent No.3. AND + W.P.(C) 7724/2011 & CM. Nos. 17493/2011, 19273/2011 and 3719/2012 PHONOGRAPHIC PERFORMANCE LTD. & ORS.

Gramophone Co. of India Ltd. Vs. Mars Recording Pvt. Ltd. and ors.

Court : Karnataka

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 18, 19, 20, 30, 51, 52 and 52(1); Copyright Rules - Rule 21

Board in this behalf. Sub-clause (ii) of Section 52 shall be read in conjunction with Rule 2 of Copyright Rules, 1958, which deals with making of records.7. The learned counsel for the appellant has vehemently argued that if Section … in writing signed by the assignor or by his duly authorised agent. As far as licence is concerned, Chapter VI of the Act deals with it. However, Sections 30, 30A and 31 are relevant sections for the

Dabur India Ltd. Vs. K.R. Industries

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 25C, 55, 55(1), 62, 62(1) and 62(2); Trade Marks Act, 1958 - Sections 27(2), 55, 106 and 106(2); Trade and Merchandise Marks Act, 1958; Trade Marks Act, 1999 - Sections 134, 134(2), 135 and 135(1); Copyright Act; Code of Civil Procedure (CPC) , 1908 - Sections 20 and 94 - Order 2, Rules 2 and 3 - Order 7, Rules 7 and 11; Code of Criminal Procedure (CrPC) , 1973 - Sections 125

Reported in : AIR2008SC3123; 2008(4)AWC3515(SC); LC2008(2)215; (2008)5MLJ1394(SC); 2008(37)PTC332(SC); 2008(8)SCALE385; (2008)10SCC595; 2008AIRSCW5265; 2008(3)LH(SC)2121

proceedings can be initiated in respect of matters arising under the said chapter for infringement of the copyright in any work or the infringement of … was alleged that the said carton constituted an `artistic work' within the meaning of Section 25-C of the Copyright Act, 1957 (the 1957 Act). Respondent is said to have been using an identical colour scheme lay out, … consolidated suit under the 1957 Act as also the Trade Marks Act, 1958 (for short `the 1958 Act'), as would be evident from the following … the respondent in the Delhi High Court. Paragraph 7 of the plaint reads thus:7. In December 1999, … as a composite suit - Costs imposed - Appeal dismissed - CODE OF CIVIL PROCEDURE, 1908. Order 2, Rules 2 & 3: [S.B.Sinha &Lokeshwar Singh Panta, JJ] Joinder of causes of action Provisions of Order 2 Rule

V. Errabhadrarao (Wrongly Described as Veerabhadrayya in Decree) and a ...

Court : Andhra Pradesh

Subject : Intellectual Property Rights

Acts : Hyderabad Copyright Act, 1334F - Sections 2 and 3; Copyright Act, 1957 - Sections 13, 13(1) and 45

Reported in : AIR1960AP415

8,250/ with costs against defendants 1 to 3 and directing a permanent injunction restraining them from infringing the copyright of the plaintiff In respect of the Telugu book entitled 'Hyderabad Pai Police Charya' (Police Action Against Hyderabad). … martyrs who had given his life in the freedom struggle. He produced a Minutes Book which also contained rules and says that this was the first and the only book that they had published, after which the … however, forced to state in cross-examination that the Telugu book had 38 chapters, while the English book had only 10 chapters and that in the … Frederick Emerson v. Chas Davies (Story's United States Rep. Vol. 3 p. 768) set Out the distinction between the original composition and a piracy of

A.K. Enterprises, Agra Vs. Sterling Machine Tolls and Another

Court : Allahabad

Subject : Intellectual Property Rights

Acts : Trade and Merchandise Marks Act, 1958 - Sections 2 and 105; Code of Civil Procedure (CPC), 1908 - Sections 2(4), 3, 24, 62, 62(2) and 115; Bengal, Agra and Assam Civil Courts Act, 1887 - Sections 8, 8(1) and 8(2); Arbitration and Conciliation Act, 1996 - Sections 2, 34, 42 and 110; General Clauses Act, 1897 - Sections 3; Allahabad High Courts Rules, 1952 - Rule 11; Industrial Disputes Act, 1947 - Sections 7(3); Constitution of India- Article 236; Copyright Act, 1957 - Sections 62

Reported in : 2000(2)AWC897

District Court in the Civil Procedure Code will apply for the purpose of determining the jurisdiction under the Copyright Act. We hold that the High Court has jurisdiction to try the suit. In this connection, decision in … 110 of the Act provides for rule making powers of the High Court. The High Court has made Rules in this regard which are given in Chapter 35A of the Allahabad High Court Rules. Rule 11 of … Quddusi, J.1. Under Section 105 of the Trade and Merchandise Marks Act, 1958 [hereinafter referred to as 'Act'). It has been provided that no suit … 161. It has been held that the word 'District Judge' in Section 7(3)(b) of the industrial Disputes Act includes an Additional District Judge and it

M/S Philco Expoprts Vs. Sales Tax Officer and ors.

Court : Delhi

Subject : Sales Tax

Acts : Delhi Sales Tax Act, 1975 - Sections 4 (1), 7 (2) and 71; Delhi Sales Tax (Amendment) Act, 1997; Delhi Sales Tax (Second Amendment) Act, 2000 - Sections 5; Tamil Nadu Sales Tax Act - Sections 2; Karnataka Sales Tax Act, 1957; General Sales Tax Act, 1963; General Clauses Act, 1987; Central Sales Tax Act, 1956 - Sections 2; The Sale of Goods Act 1979 - Sections 2(2(1)) and 61(1); Property Act, 1925 - Sections 205; Constitution of India - Article 19(1); Transfer of Property Act - Sections 3; Transfer of Property (Amendment) Act, 1990 - Sections 100

Reported in : 93(2001)DLT56; 2002(64)DRJ211

contrary in the enactment.'6. The DEPB is a part of export and import policy for the relevant period. Chapter 7 of the policy is relevant. Same dealt with the duty exemption scheme. It is the stand of the … Property includes not only ownership, estates and interests in corporeal things but also right such as trade marks, copyrights, patents and rights in personal capable of transfer or transmission such as debts.Property is of two kinds, real … (1A) of Clause XXXIV of Rule 11 of the Delhi Sales Tax Rules, 1975 (in short, the Rules).2. According to the petitioner, the levy of