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Nov 28 2008

Rajesh Masrani Vs. Tahiliani Design Pvt. Ltd.

Court : Delhi

Decided on : Nov-28-2008

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 … are made in the course of developing the garments and accessories by the plaintiff are artistic works under Section 2(c)(i) of the Copyright Act, 1957. The patterns printed or embroidered on the fabric are also artistic works in

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Aug 20 1979

J.N. Electricals (India) Vs. President Electricals

Court : Delhi

Decided on : Aug-20-1979

Subject : Intellectual Property Rights

Acts : Design Act, 1911 - Sections 2(5)

Reported in : ILR1980Delhi215

configuration, upper view and side view of the plaintiffs' toaster are new and original and protected under the Designs Act, 1911 (hereinafter called 'the Act').(5) It is further averred in the plaint that the arrangement of the outer sheet … defendants never applied for cancellation of the registered design of the plaintiffs, in respect of the electric toaster, Section 2(5) of the Designs Act, 1911 defines 'design' which is as under : 'DESIGN'means only the features of

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Jan 13 2006

Microforms Inc Vs. Girdhar and Co. and ors.

Court : Delhi

Decided on : Jan-13-2006

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 consequence

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Dec 24 1976

Brighto Auto Industries Vs. Raj Chawla

Court : Delhi

Decided on : Dec-24-1976

Subject : Intellectual Property Rights

Acts : Design Act, 1911 - Sections 2(5)

Reported in : ILR1978Delhi120; 1977RLR158

rear view mirrors. Their design of this mirror was registered at No. 139585 in class I under the Designs Act, 1911 on 28-2-1972. The present petition has been preferred by Messrs Brighto Auto Industries, a partnership firm, engaged in … the design registered at No. 139585 were not being marketed before 28-2-1972. (6) A 'design' is defined in section 2(5) of the Designs Act, 1911 in the folowing terms : '(5)'design' means only the features of shape,

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Jul 20 1999

Hello Mineral Water Pvt. Ltd. Vs. thermoking California Pure

Court : Delhi

Decided on : Jul-20-1999

Subject : Intellectual Property Rights

Acts : Designs Act, 1911 - Sections 2(5)

Reported in : 2000(56)DRJ700

be appropriate here to reproduce the definition of 'design' as used in Sub-section (5) of Section 2 of Designs Act, 1911. It reads as under:'(5) 'design' means only the features of shape, configuration, pattern or ornament applied to any

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Sep 09 1991

Hindustan Lever Limited, Vs. Nirma Private Limited, Ahmedabad

Court : Mumbai

Decided on : Sep-09-1991

Subject : Intellectual Property Rights

Acts : Trade and Merchandise Marks Act, 1958 - Sections 2 and 29; Designs Act, 1911 - Sections 2(5); Copyright Act, 1957 - Sections 2, 15(2), 17, 48 and 51

Reported in : AIR1992Bom195

for the defendant that the said label is a design which was capable of being registered under the Designs Act, 1911 and the copyright attached to the said labels, if any, has ceased to be operative by virtue of … urged on behalf of the defendant in respect of the plaintiff's plea based on alleged infringement of copyright.25. Section 2(c) of the Copyright Act, 1957 defines an 'artistic work' to mean 'a painting, a sculpture, a drawing

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May 28 2009

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

Court : Delhi

Decided on : May-28-2009

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

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Feb 21 2003

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

Court : Delhi

Decided on : Feb-21-2003

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, … It is also denied that so called drawings of the plaintiff are artistic work within the meaning of Section 2(c) of the Copyrights Act 1957 and on the other hand it is pleaded that as per the plaintiff's

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Nov 07 2001

Telemecanique and Controls (i) Limited Vs. Schneider Electric Industri ...

Court : Delhi

Decided on : Nov-07-2001

Subject : Commercial

Acts : Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 39, Rules 1 and 2; Patents Act, 1970 - Sections 64, 68, 83, 90 and 107; Patents Rules, 1972 - Rules 73 and 74; Designs Act, 1911 - Sections 2(5); Designs (Amendment) Act, 2000 - Sections 2; Indian Law

Reported in : 94(2001)DLT865

visible and not having any aesthetic consideration. Reference was made in this behalf to Section 2(5) of the Designs Act, 1911 to contend that a design to defined not to include any mode or principle of construction or anything

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May 03 1974

Shining Industries and anr. Vs. Shri Krishna Industries

Court : Allahabad

Decided on : May-03-1974

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 … legal representative of Bodhraj Anand, in view of the definition of that expression contained in Sub-section (9) of Section 2 of the Act, and consequently the invention should have been assigned to the respondent firm before it could

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