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May 16 2008

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

Court : Supreme Court of India

Decided on : May-16-2008

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 … 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 date and time for the meeting.9.

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Apr 07 2011

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

Court : Delhi

Decided on : Apr-07-2011

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.

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Aug 31 1999

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

Court : Karnataka

Decided on : Aug-31-1999

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

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May 25 2011

Event and Entertainment Management Association Vs. Union of India and ...

Court : Delhi

Decided on : May-25-2011

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 … to satisfy the registering authority of the collective nature of the applicant. 9. It is stated that working of the copyright societies continues to be

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Nov 24 1978

The Tata Oil Mills Co. Ltd. Vs. Hansa Chemical Pharmacy

Court : Delhi

Decided on : Nov-24-1978

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 62(1) and 62(2); Code of Civil Procedure (CPC), 1908 - Sections 2(4); Delhi High Court Act, 1966 - Sections 5(2); Court Fees Act, 1870 - Sections 7; Suits Valuation Act, 1887 - Sections 9

Reported in : 1986(2)ARBLR303(Delhi); ILR1979Delhi236

sought to be ousted on the ground that the Suit arises under Chapter Xii of the Copyright Act, 1957, and that the original jurisdiction in … grant of permanent injunction restraining the defendant, its servants, agents, representatives, dealers and workmen from infringing its registered copyright to 'OK Washing Soap Wrapper' belonging to it. The plaintiff also seeks a permanent injunction restraining the above-said … trade mark. Under section 2(e) of the Trade and Merchandise Marks Act, 1958, the expression 'District Court' has the meaning assigned to it in the … Judicature at Lahore had framed rules under section 9 of the Suits Valuation Act, 1957, with regard … the impugned wrapper. (5) Along with the suit the plaintiff has filed the present application under Order 39 Rules I and 2 read with section 151 of the Code of Civil Procedure re-iterating its averments made in

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Jan 09 2015

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

Court : Delhi

Decided on : Jan-09-2015

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 … Nanded, Jalgaon and Akola, being licences No.1, 2, 4, 5, 7, 8, 9, 10, 14, 15, 16, 17, 18, 19 and 20 of 2010.2. In

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Aug 20 1999

Niraj Petrochemicals Ltd. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Decided on : Aug-20-1999

Subject : Direct Taxation

(v) the transfer of all or any rights (including the granting of a licence) in respect of any copyright, literary, artistic or scientific work including films or video tapes for use in connection with television or tapes … of these appeals, the learned counsel for the appellant filed a petition under r. 11 of the ITAT Rules, 1961, for leave to raise the following additional ground in these appeals : "The order under s. 201 … already remitted and further directed the appellant to file Annual Returns under Chapter-XVI for the years relevant to the financial year 1991-92 to 1994-95. In … of payment Amount paid Amount deductedyear to N.R. to N.R. (T.D.S.)------------------------------------------------------------------------1990-91 19-6-1990 92,66,409 18,53,2621991-92 31-7-1991 1,32,46,983 26,49,4001993-94 31-3-1994 1,64,61,000 32,92,200------------------------------------------------------------------------ 3. The TDS amount of

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Aug 19 1988

Najma Heptulla Vs. Orient Longman Ltd. and ors.

Court : Delhi

Decided on : Aug-19-1988

Subject : Media and CommunicationIntellectual Property Rights

Acts : Code of Criminal Procedure (CrPC) , 1973 - Order 39, Rule 1; Copyright Act, 1957 - Sections 17

Reported in : AIR1989Delhi63; 1988(2)ARBLR302(Delhi); 1989(1)Crimes597; 36(1988)DLT31; 1988(15)DRJ223

Before the book could be published, Maulana Azad died on 22nd February, 1958. After that on 25th March, 1958 Prof. Kabir wrote to National Archives … to make copious notes. When sufficient material would be collected for a chapter, a draft in English would be prepared by Prof. Kabir and handed … by Nooruddin was that, during his life time, Maulana Azad had made the oral gift of all the copyrights of his published and unpublished works and writings in his favor exclusively. This claim was disputed by Mohd. … B.N. Kirpal, J. (1) This order will dispose of the plaintiff's application under Order 39 Rules I and 2 for an injunction restraining the defendants from breaking the seals of the covers in which

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May 16 2008

Dabur India Ltd. Vs. K.R. Industries

Court : Supreme Court of India

Decided on : May-16-2008

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 … 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 … provided for as a supplemental proceeding e.g. Section 94 of the Code. {[See State of Punjab and

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Nov 04 2015

Midas Hygiene Industries Pvt. Ltd. Vs. Sudhir Bhatia

Court : Delhi

Decided on : Nov-04-2015

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 … of the Copyright Act, 1957 has no application to this case. ? 9. Highlighting that Microfibres is binding precedent in the context of findings as … 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

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