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Rajesh Masrani Vs. Tahiliani Design Pvt. Ltd.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 13, 14, 15, 15(1), 15(2), 17 and 44; Designs Act, 2000 - Sections 2; Designs Act, 1911 - Sections 2(1)(5); Trade and Merchandise Marks Act, 1958 - Sections 2(1); Registration Act - Sections 48; Copyright Act, 1956 - Sections 49; Indian Penal Code (IPC), 1860 - Sections 479; Code of Civil Procedure (CPC) - Sections 151 - Order 39, Rules 1, 2 and 4 - Order 43, Rule 1

Reported in : AIR2009Delhi44; 2009BusLR280(Del); LC2009(1)252

involved in the matter, it is necessary that we deal with certain provisions of the Copyright Act, 1957, Designs Act, 1911 and Designs Act, 2000.12. Section 15 of the Copyright Act, 1957 which is relevant in the present case … Manmohan Singh, J.1. The present appeal has been filed under Order XLIII Rule 1 CPC against the order dated 16th July, 2008 passed by the learned Single Judge of this court allowing

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

Court : Delhi

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

already in circulation.] 'Section 15.Special provision regarding copyright in designs registered or capable of being registered under the Designs Act, 1911.--- (1) Copyright shall not subsist under this Act in any design which is registered under the Designs Act,

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)

registration of designs in India under the provisions of the said Act or the predecessor Act being the Designs Act, 1911 (hereinafter referred to as the Designs Act, 1911) The plaintiff having failed to complete the requisite formalities under … The plaintiff has claimed that the artistic work constitutes original artistic work as defined within the meaning of Section 2(c) of the Copyright Act. The plaintiff also claims that it enjoys copyright protection in India as a … business of the plaintiff is stated to have commenced in the year 1926 and the plaint states that on the upholstery fabrics are printed, unique

Shining Industries and anr. Vs. Shri Krishna Industries

Court : Allahabad

Subject : Intellectual Property Rights

Acts : Patents and Designs Act, 1911 - Sections 2(8), 3, 3(3), 26, 26(1), 26(2) and 27; Partnership Act - Sections 14

Reported in : AIR1975All231

year 1958 the respondent invented ,a new design of lock and got it registered under the Patents & Designs Act, 1911. The lock was sold under the trade mark of 'Rocket'. In 1965 a new type of lock was … of the judgment and decree dated27th August, 1970 passed by a learned Single Judge in a suit under Section 29 of the Indian Patents and Designs Act.2. The suit out of which the appeal has arisen was … J.1. This appeal arises out of the judgment and decree dated27th August, 1970 passed by a learned Single Judge in a suit under Section 29

Samsonite Corporation Vs. Vijay Sales

Court : Delhi

Subject : Intellectual Property Rights

Acts : Code of Civil Procedure (CPC), 1908 - Order 39, Rules 1, 2 and 4; Designs Act, 1911; Industrial Designs Act, R.S.C. 1970; Copyrights Act, 1957 - Sections 15

Reported in : 73(1998)DLT732

Statutory protection in such features, if novelty exists herein, an be claimed only under the provisions of the Designs Act, 1911 by obtaining registration thereunder. No such design registration is claimed by the plaintiffs. b) It is submitted that … substance a mere mechanical device, and does not include any trade mark as defined in clause (v) of sub-section (1) of section 2 of the Trade and Merchandise Marks Act, 1958 (43 of 1958), or property mark as

Godrej Sara Lee Limited Vs. Reckitt Benckiser Australia Pty. Ltd. and ...

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Designs Act, 2000 - Sections 2, 19, 19(1), 19(2), 22(2), 22(3) and 22(4); ;Designs Act, 1911 - Sections 51A, 51A(1), 51A(2), 53 and 54; ;Patents Act, 1970; ;Patents Rules, 1972; ;Customs Act, 1962 - Section 130; ;Code of Civil Procedure (CPC) - Section 20; ;Constitution of India - Article 227

Reported in : JT2010(2)SC148,LC2010(1)101,2010(1)SCALE714,(2010)2SCC535

wrong in making a comparison between the provisions relating to cancellation of designs under Section 51A of the Designs Act, 1911 and Section 19 of the Designs Act, 2000. Mr. Dave urged that while Section 51A of the 1911 … Altamas Kabir, J.1. Leave granted.2. Two First Appeals were filed in the Delhi High Court, being FAO No. 131 and 132 of 2008, against two orders, both dated 28th March, 2008, passed by the Controller of Patents

Microfibres Inc. Vs. Girdhar and Co. and anr.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 6, 11, 13, 13(2), 14, 15, 15(1), 15(2), 16, 22, 40, 63, 67; Copyright Act, 1967 - Sections 15; Designs Act, 2000 - Sections 2, 4, 11(2), 12 and 19(1); Design Act of 1911 - Sections 2(5); Patent and Designs Act; Patent Act; Trade Marks Act; U.K. Designs Act, 1949 - Sections 1(3); Trade and Merchandise Marks Act, 1958 - Sections 2(1); Indian Penal Code (IPC) - Sections 120B, 415, 420 and 479; New Design Rules, 2001; Copyright Law

Reported in : LC2009(2)229; 2009(40)PTC519(Del)

not extinguished by virtue of Section 15(2) of the Copyright Act, 1957. g. 'Design' as defined by the Designs Act, 1911 as well as the Designs Act, 2000; means only the features of shape, configuration, pattern or ornament applied … in the Interlego case the following position of law was laid down: The definition of = design' in Section 1(3) of the Act of 1949 is hardly a model of Parliamentary draughtsmanship and this is by no means

Novartis Ag and ors. Vs. Union of India and ors.

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 3(d)(b), 2(1)(d), 133, 24(A), 25(1), 2(8)(10), 14, 5, 10; Atomic Energy Act, 1962 - Section 20(1); Patents and Designs Act, 1911

patents in the country.31. At the time of Independence, India’s patent regime was governed by the Patents and Designs Act, 1911, which had provisions both for product and process patents [Section 2(8) “Invention” means any manner of new manufacture … of the report, and came into force on April 20, 1972, replacing the Patents and Designs Act, 1911.44. Section 1 of the new Act gave it its name and territorial extent and provided that it would come into

Smithkline Beecham Consumer Healthcare Gmbh and ors. Vs. G.D. Rathore ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Code of Civil Procedure (CPC) , 1908 - Order 39, Rules 1 and 2

Reported in : 2002(25)PTC243(Del)

have neither been registered as designs nor they were being capable of being registered as designs under the Designs Act, 1911 and by virtue of Section 15(1) and (2) of the Copyright Act, 1957, copyright subsists therein and in

Indian Hume Pipe Co. Ltd. Vs. Vendra Venkanna, Proprietor of Jai Bhara ...

Court : Andhra Pradesh

Subject : Intellectual Property Rights

Acts : Patents and Designs Act, 1911 - Sections 12(1), 26(1), 29(1), 29(2) and 30; Trade Marks Act, 1940 - Sections 21 and 21(1)

Reported in : AIR1963AP58

was not in force on the date of the suit. 23. The relevant provisions of the Patents and Designs Act 1911 (Act II of 1911) in so far as they are relevant may be appropriately get out: 'Section 12(1).