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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 … new radio industry in India.We would appreciate if you can get in touch 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

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. … For the very same reasons, M/s. Dwarka Prasad Laxmi Narain vs- The State of Uttar Pradesh, 1954 SCR 803 is not relevant for the controversy before us. This is for the simple reason that the actions under

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 … and the same was informed to respondent No. 1 by letter dt. 8.6.98. Inspite of refusal, the 1st respondent proceeded to re-record the release cassette

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 … which are set out in Section 14 (a) of the CR Act. 8. The counter affidavit of IPRSL illustrates the advantages enjoyed by the Copyright

Midas Hygiene Industries Pvt. Ltd. Vs. Sudhir Bhatia

Court : Delhi

Subject : Intellectual Property

said trademarks, and challenging the said registration on several grounds such as non-compliance with Rule 16 of the Copyright Rules, 1958, lack of originality in the artistic works of Midas, the lack of proper assignment between Midas and its … grounds that the laws of limitation and waiver barred the respondent's application. 8. Elaborating on the first contention, Ms. Pratibha Singh argued the copyright “ … and industrially produced and therefore fall within class 19 of the third schedule. The said Class contains the Chapter heading Stationery and Office equipments, artists and teaching material ?. Class 19-01 includes all paper in the widest

Sri Ramalinga Mills (Cbe) Ltd. and ors. Vs. the Assistant Collector of ...

Court : Kerala

Subject : Customs

Reported in : 1988(14)LC264(Kerala); 1990(21)LC364(Kerala)

Gramophone Co.'s case : 1984(2)ECC142 related to the interpretation of the word 'import' in Section 53 of the Copyright Act 14 of 1957. Pirated cassettes were brought in a ship from Singapore for consignment to Nepal. The … are validly issued under Section 25(1) of the Act. Section 29 in Chapter VI prohibits vessels or aircrafts entering India to call or land at … trade and where such price is not ascertainable, the nearest ascertainable equivalent thereof determined in accordance with the rules made in that behalf. The Gujarat High Court has not adverted to the distinction in the Customs Act … and the unreported judgments of the Madras High Court in W.A. No. 84 of 1968 and in C.A. No. 712/1973. The principle deducible from these

Microforms Inc Vs. Girdhar and Co. and ors.

Court : Delhi

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)

joint authorship, be construed as a reference to the author dies last.25. Chapter XI provides for infringement and Section 51 stipulates when a copyright is … to make registration of a copyright mandatory. Para 8 reads as under:8. A careful analysis of the … Sanjay Kishan Kaul, J.1. The plaintiff's grievance of violation of its copyright in the artistic works applied to upholstery fabrics and the allegation of an attempt to pass off the … Sub-section (1) of Section 2 of the Trade and Merchandise Marks Act, 1958, or property mark as defined in Section 479 of the Indian Penal … the design during five years from the date of registration.29. Section 77 empowers the Central Government to make rules, and in exercise of said powers, the Design Rules, 1933 were notified. The Fourth Schedule give the classification

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 … Neeraj K. Gupta, Advocates. Versus UOI AND ORS Represented by: W.P.(C) Nos. 8144 & 7724 of 2011 ..... Respondents Mr. Ripudaman Singh Bhardwaj, CGSC with

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

valid for a period of 10 years from the date of its registration. The respondent claimed the exclusive copyright in India on the said design applied to glass sheets. It was claimed that no other person has … Sub-section (1) of Section 2 of the Trade and Merchandise Marks Act, 1958 (43 of 1958) or property mark as defined in Section 479 of … decide any petition so referred.Section 22 deals with piracy of registered design. Chapter VI deals with fees, notice of trust not to be entered in … registration is also provided as Form 1. Form 8 deals with the petition for cancellation for the … designs under the Designs Act, 2000 (hereinafter to be referred to as the Act of 2000) and the Rules framed thereunder. For production of glass sheets of the design registered as Design No. 190336, two rollers are

Premwati Bansal Vs. M/S. Shri Ganpati International

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade and Merchandise Marks Act, 1958 - Sections 78, 79, 105 and 106; Indian Copyright Act, 1957 - Sections 45(1), 57, 63 and 64

Reported in : 1999VIAD(Delhi)687; 82(1999)DLT398

106 of the Trade and Merchandise Marks Act, 1958 as well as under Section 51 of the Indian Copyright Act, 1957 seeking the relief of permanent injunction and rendition of accounts. The case disclosed in the plaint … Nath, : 1972CriLJ52 wherein it was held that for the proposes of chapter 10 of the Trade and Merchandise Marks Act, a trade mark includes … granted on 3.8.1999 to the Plaintiff in I. A. 7268/99. I.A. 7965/99 was thereafter filed under order 39, Rule 4 of the CPC by the Defendants. A Reply to the Plaintiff's I.A. 7268/99 together with written statement