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j.c. Bamford Excavators Limited & Anr. Vs.bull Machines Pvt. Ltd.

Court : Delhi

Subject : MRTP

that in the said plaints, it was specifically pleaded that the designs were incapable of being registered under Designs Act, 1911 and Designs Act, 2000 as the finished products produced with the help of the drawings were all functional … produced with the help of drawings were functional items and would not qualify for registration of designs under Section 2(b) of the Designs Act, 2000. It was further claimed that the drawings had been specifically developed to … to be dismissed.12. Next, Mr Haksar submitted that by virtue of Section 52(1)(w) of the Copyright Act, 1957 (hereafter the „Copyright Act‟), making of three

In Re.:national Carbon Co. Incorporated.

Court : Kolkata

Subject : Civil

Reported in : AIR1934Cal725,152Ind.Cas.914

leave to serve short notice for the following day of an application Under Section 18, Indian Patents and Designs Act, 1911. Leave was refused by Buckland, J., for reasons given in a judgment delivered by him on that day. … the pendency of an appeal. In this connexion, he has referred to the Transfer of Property Act, 1882, Section 52, as unamended, and my attention has been drawn to the observations of C.M. Ghose, J., in Gobind Chunder

Hindusthan Lever Limited Vs. Godrej Soaps Limited and Others

Court : Kolkata

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 3, 13(4), 27, 43, 48(1), 64(1) and 107;; Code of Civil Procedure (CPC), 1908 - Order 39, Rules 1 and 2;; Indian Patents and Designs Act, 1911 - Section 12(1)

Reported in : AIR1996Cal367,(1997)1CALLT123(HC),100CWN562

been substituted in place of the term 'exclusive privilege' used in S. 12(1) in the Indian Patents and Designs Act, 1911. It has been submitted by him that the substitution of the expression 'privilege' by the expression 'right' has … Bag Co. v. Eastern Paper Bag Co., (1907) 210 US 1122 : 52 Law Ed 405, to show that even in case of non-user of … such admixture as a substance obtained by a mere admixture is not an invention within the meaning of Section 3(e) of the Patents Act, 1970. According to the respondent No. 1, the alleged invention under the Patent

Brighto Auto Industries Vs. Raj Chawla

Court : Delhi

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, … , Vide In the matter of Wingate's Registered Design No. 768, 611 52 R.P.C. 126 'what a substantial difference is, is a question upon which

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 … emphasis thereforee is upon the visual image conveyed by the manufactured article. 52. A reference was also made to the judgment in Premier Hangers CC … 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

Music Broadcast Private Limited Vs. Indian Performing Right Society

Court : Mumbai

Subject : Intellectual Property

reads as follows: "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 … case was not similar to the present one in as much as it dealt with the case under section 52(1)(j). However, this aspect of the matter was dealt with in paragraph 34. While reading this paragraph, it is

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 … the aforesaid travel case is a three dimensional representation, is an original artistic work within the meaning of Section 2(c) of the Copyright Act, 1957. The said artistic work is subject matter of copyright protection in India … Mfg. Co. v. American Cutlery Co., 102 F. 916, 918, 43 C.C.A. 52.'36. The Oxford Dictionary gives the meaning of drawing as 'the arrangement of

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)

reads as follows: "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, 1911 … Digital Video Disks (DVDs). Admittedly, the Defendant had sent these letters by taking resort to the provisions of Section 52(1)(j) of the Act.8. The Plaintiff responded to these letters by refusing permission to the defendant to make any

Dart Industries Inc. and anr. Vs. Techno Plast and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Designs Act, 2000 - Sections 2, 4, 11, 18, 19, 20, 22, 22(2)(3), 22(3) and 29; Copyright Act, 1957 - Sections 2, 13, 14, 15, 17, 45, 51, 53 and 55; Designs Rules, 2001; Designs Act, 1911; Patent Act; Code of Civil Procedure (CPC) - Order 39, Rules 1 and 2

Reported in : 2007(35)PTC285(Del)

provides as under:1. Copyright shall not subsist under this Act in any design which is registered under the Designs Act, 1911(2 of 1911).2. Copyright in any design, which is capable of being registered under the Designs Act, 1911 (2 … are two plaintiffs in this case who have filed this suit for permanent injunction against the defendants under Section 22 of the Designs Act, 2000 read with Section 55 of the Copyright Act, 1957. The plaintiff No. … 73, 48 48, 53, 87 --WITH BAG' Pg 13811.'FREEZE- 185972/Dt. 6-07-2001 56, 52 56, 57 5RMATE' Pg 14012. FREEZE- 185975/Dt. 6-07-2001 -- 56, 57 --RMATE

Faber-castell Aktiengesellschaf(Sic), a Company Organised Under the La ...

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Designs Act, 1911 - Sections 2, 2(5), 4, 4(2), 11(1), 43, 51A and 51A(1); Designs (Amendment) Act, 2000 - Sections 19, 19(1), 21 22(3), 48 and 48(4); Trade and Merchandise Marks Act, 1958 - Sections 2(1); ;Indian Penal Code (IPC) - Sections 479; General Clauses Act, 1897; Arbitration Act, 1996 - Sections 85; Patents Act, 1970 - Sections 64

Reported in : 2003(4)ALLMR139; 2003(6)BomCR65; 2003(4)MhLj264; 2003(27)PTC538(Bom); [2003]45SCL362(Bom)

consolidate and amend the law relating to protection of designs'. This enactment repeals the earlier Act i.e. the Designs Act, 1911. Section 48 of the new Act reads as follows:-'48. Repeal and savings.--The Designs Act, 1911 (2 of 1911) is … with the question of removal of protection to tenants by a subsequent legislation, their Lordships observed in para 52 as follows:'..... By Amending Act the legislature has withdrawn the protection hitherto enjoyed by the tenants who were