Advanced Search Results

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 … played or performed. 3. Respondent No. 1 has registered PPL and IPRSL as copyright societies in terms of Section 33 of the Copyright Act, 1957 (CR Act). While PPL is registered as a copyright society for sound … playing music at social functions and events is a violation of Section 52 CR Act. It is submitted that inasmuch as Respondent No. 1 has

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 … S. Ravindra Bhat, J. 1. These appeals, under Section 72 of the Copyright Act, 1957, challenge the order of the Learned Copyright Board (hereinafter the Board ?) … (hereafter "the trademarks") approximately in 1989. The trademarks were registered, bearing Nos. 545608 and 54610 respectively in 1991, and the packaging material of the products

Gulfam Exporter Vs. Abdul Mujeeb Abdul Wajid (P.) Ltd. and ors.

Court : Allahabad

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 17, 17(1), 18, 19, 45 and 50

Reported in : 2002(1)AWC311

gross error of law by not waiting for 30 days as required under Rule 16 (4) of the Copyright Rules, 1958. before passing final orders on the application under Section 45 ; 8. that there was no compliance of … dated 19.6.2000 passed by Copyright Board (for short the Board) in Case No. 8 of 1992 under Section 50 of the Act of 1957, by which it refused to expunge the entry No. A-51185-91 made in respect

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 … the Copyright Board to the owner(s) of the copyright in the work(s).13. The Proviso to Clause (j) of Section 5 (2)(1) adds four further conditions which are :i) That no alteration shall be made to the works which

Rajasthan Matsya Vyavasayee Sangh Vs. State of Rajasthan and ors.

Court : Rajasthan

Subject : Constitution

Reported in : AIR1991Raj72; 1990(2)WLN289

1057, it has been observed as under (at page 1061):'In relation to copyright, whether under common law or statute, 'Publishing' and 'Publications' are fundamantal expressions … to the averments made in the petition, the respondent No. 1 published draft amendment in the Rajasthan Fisheries Rules, 1958 vide Notification published in the Rajasthan Gazette (Part III--B) dated September 11, 1990 inviting objections to the proposed … struck down on the ground that the same have not been framed in accordance with the provisions of Section 5 of the Rajasthan Fisheries Act, 1953 (hereinafter to be referred as '1953 Act').2. The petitioner is a society

Super Cassette Industries Limited Vs. Bathla Cassette Industries Pvt. ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1956 - Sections 8; Copyright Act, 1957; Copyright Act, 1958 - Sections 10(3), 13(3), 52, 52(1) and 60; Copyright Rules, 1958 - Rule 21 and 21(2)

Reported in : 2003VIIIAD(Delhi)572; 107(2003)DLT91; 2003(27)PTC280(Del); 2004(1)RAJ69

52(1)(j) of the Copyright Act, 1958 (hereinafter referred to as the `Act') read with Rule 21 of the Copyright Rules, 1958. By the letter dated 10th June, 1986 the plaintiff claims to have paid a sum of Rs. 400/- … Mukul Mudgal J.1. This is an application for interim injunction in a suit asserting rights under Section 52(1)(j) of the Copyright Act(hereinafter referred to as `the Act). The plaintiff company is the manufacturer, producer and … an application for interim injunction in a suit asserting rights under Section 52(1)(j) of the Copyright Act(hereinafter referred to as `the Act). The plaintiff company

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 … known designs or combination of known designs; or(d) comprises or contains scandalous or obscene matter, shall not be registered.Section 5 deals with the application for registration of designs. Section 6 deals with the registration to be in respect … (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

M/S.Fun World and Resorts (India) Pvt.Ltd., vs Nimil K.K.,

Court : Kerala

proprietary concern engaged in the business of conducting exhibitions, seeking a decree of declaration that he is the copyright owner of design 'Underwater Mobile Glass Tunnel Aquarium'. He has also sought for other consequential reliefs, including a … sub-section (1) of section 2 of the Trade and Mechandise Marks Act, 1958 or property mark as defined in Section 479 of the Indian Penal … or combination of known designs; or (d) comprises or contains scandalous or obscene matter, shall not be registered.20. Section 5 of the Designs Act deals with applicationfor registration of designs. As per sub-section (1) of Section 5, the … Along with the suit, the plaintiff filed I.A.No.5546 of2019, under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, 1908 seeking interim

Gramophone Co., of India Ltd. Vs. Mars Recording Pvt. Ltd. and anr.

Court : Supreme Court of India

Subject : Media and CommunicationIntellectual Property Rights

Acts : copyright Act, 1957 - Sections 2, 30, 31, 31A, 52(1) and 60; Copyright Rules, 1959; Specific Relief Act - Sections 41; Statement of Objects & Reasons of the Copyright (Amendment) Act, 1994

Reported in : 2001VIIAD(SC)218; AIR2001SC2885; 2001(4)ALLMR(SC)539; JT2001(7)SC352; 2001(6)SCALE73; (2002)2SCC103

1 had complied with the requirements of Section 52(1)(j) of the Act read with Rule 21 of the Copyright Rules, 1958 [hereinafter referred to as 'the Rules'] by issuing a notice of his intention to make a sound recording … as 'the Act'] issued a notice as per sub-clause (ii) of clause (j) of sub-section (1) of Section 52 of the Act on 16.5.1998 notifying their intention to record 1000 nos. each of audio cassettes of the

Pfizer Products Inc. Vs. Rajesh Chopra and ors.

Court : Delhi

Subject : CivilIntellectual Property Rights

Acts : Copyright Act, 1957 - Sections 62; ;Trade and Merchandise Marks Act, 1958 - Sections 5(3); ;Code of Civil Procedure (CPC) - Sections 20 - Order 2, Rule 3 - Order 7, Rules 10 and 11 - Order 39, Rules 1 and 2

Reported in : 127(2006)DLT783; 2006(32)PTC301(Del)

Copyright Act as well as under the Trade and Merchandise Marks Act, 1958. The second contention being that the defendants had sought registration of the … regards the jurisdiction of the Delhi High Court were raised. The first being under Section 62 of the Copyright Act, 1957 on the ground that the suit was a composite suit under the Copyright Act as well … which has to be considered and decided upon in the application filed by the plaintiff under Order 39 Rules 1 and 2 or on merits when the suit is taken up for disposal. Insofar as Order 7 … Delhi High court as would be apparent from a reading of paragraph 59 of the said decision. Insofar as the first question is concerned that