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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 … mandate of Section 15(2) of the Copyright Act, 1957. For this purpose, reliance has been placed on paragraphs 67 of the learned Single Judge' s judgment. H. Even assuming without admitting that the exclusion of artistic work

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Jun 11 2012

Acc Limited (Formerly Known as the Associated Cement Co. Ltd). Vs. Glo ...

Court : Supreme Court of India

Decided on : Jun-11-2012

Subject : Arbitration and Conciliation

Acts : Arbitration and Conciliation Act, 1996 - Sections 11, 14, 15(2); Chota Nagpur Tenancy Act, 1908 - Sections 71-A, 71-B

expression of the words at any time which finds its place in Section 67 of the Punjab Municipal Act, 1911 read with Section 68A which gave power to the Municipal authorities to amend the assessment list. The Court … be preserved - particularly when business dealings are based on an agreement which provides recourse to arbitration. The designated Judge of the High Court appointed Mr. Justice S.N. Variava, former Judge of this Court as an arbitrator

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Oct 28 1969

New Delhi Municipal Committee Vs. the Punjab National Bank Limited

Court : Delhi

Decided on : Oct-28-1969

Subject : Municipal Tax

Acts : Punjab Municipal Act, 1911 - Sections 61

Reported in : ILR1986Delhi292

in that year can be added to the list by amendment under Section 67 of the Punjab Municipal Act, 1911 in the year for which house-tax is payable. The question involves the interpretation of Sections 61 to 68 … particulars :- (A)the name of the street oi division in which the property is situated ; . (B)the designation of the property, either by name or by number sufficient for identification ; (C)the names of the owner

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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

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Apr 11 1996

Hindusthan Lever Limited Vs. Godrej Soaps Limited and Others

Court : Kolkata

Decided on : Apr-11-1996

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 … 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 … Mr. Das has also cited Page v. Brent Toy Products Ltd., (Vol. LXVII, Reports of Patent, Design and Trade Mark Cases 4). In that action

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Mar 15 2013

Reckitt Benkiser India Ltd Vs. Wyeth Ltd.

Court : Delhi

Decided on : Mar-15-2013

Subject : MRTP

India. In order to appreciate this issue, we would at this stage reproduce Section 51A of the erstwhile Designs Act, 1911 which dealt with cancellation of registration, and which provision is similar to the present Section 19 of the … the report of the examiner on such reference. xxxx FAO (OS) No.458/2009 xxx xxxx xxxx Page 7 of 67 (6) A design when registered shall be registered as of the date of the application for registration. Section

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Jul 25 2011

Music Broadcast Private Limited Vs. Indian Performing Right Society

Court : Mumbai

Decided on : Jul-25-2011

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 … sound recording copyright inheres in Frank Sinatra's rendition of the Porter song." 67. The commentary far from supporting the defendant's case militates against it. The … operate and maintain FM radio stations at various places in India. The defendant, a Copyright Society constituted under section 33 of the Copyright Act, 1957 administers the rights of lyricists and composers and issues licences to perform

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Jan 14 1986

Monsanto Company by their Patent Agent, De Penning and De Penning Vs. ...

Court : Supreme Court of India

Decided on : Jan-14-1986

Subject : Intellectual Property Rights

Acts : Indian Patents and Designs Act, 1911; Patents Act, 1970 - Sections 2, 64(1) and 107

Reported in : AIR1986SC712; 1986(2)ARBLR19(SC); (1986)3CompLJ66(SC); 1986(1)SCALE74; (1986)1SCC642; [1986]1SCR120; 1986(1)LC304(SC)

are omitted by us as the patents in the present case were granted under the Indian Patents and Designs Act, 1911, i.e., before the Patents Act 1970). 'Invention has been defined by Section 2(j) as follows: 'Invention' means any

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May 15 2013

Micolube India Limited Vs. Rakesh Kumar Trading as Saurabh Industries ...

Court : Delhi

Decided on : May-15-2013

Subject : Intellectual Property

view which was taken by the learned single judge of this court under the old Act which is Designs Act, 1911 when the powers to hear cancellation as well as the suit used to vested in the High Court … whether the registration is prima facie evidence of validity. The question under reference rather invites the construction of Section 22 of the Design Act, 2000 so as to discern whether it permits a suit for infringement of

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Oct 03 2005

Chandni Chowk Sarv Vyapar Mandal (Regd.) Vs. Municipal Corporation of ...

Court : Delhi

Decided on : Oct-03-2005

Subject : Civil

Acts : Constitution of India - Articles 14 and 226; Delhi Municipal Corporation Act, 1957 - Sections 200, 201, 202, 203, 298, 317, 317(2), 318, 320 and 322; Easements Act - Sections 60; Evidence Act - Sections 42 and 114; General Clauses Act, 1897 - Sections 6; Punjab Municipal Corporation Act, 1911 - Sections 47, 117, 170, 516, 516(1) and 516(2)

Reported in : 124(2005)DLT51; 2005(85)DRJ632

Chabutras. The note also contains a condition that takhatbandies will be built subject to Municipal Engineers approvals of designs. By laws 5 and 6 regulates permission to occupy Chabutras and the payment of fees etc.57. The curious … 4. The permission when granted shall be regarded only as temporary under section 170, of the Punjab Municipal Act, 1911 and shall not entitle the holder there of to use the Chabutra otherwise than to exhibit goods for … their business.The I.A. Is disposed of.'Supreme Court OrderDated 09th August, 2002Cont. Pet(c) 67/2001 in WP(C) No. 1699/1987'I.A. No.../2002 (filed by Delhi Hawkers Association) is taken

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