Judgment Search Results Home > Cases Phrase: copyright act 1957 chapter i preliminary Page 4 of about 4,452 results (0.154 seconds)

J.N. Bagga and ors. Vs. All India Reporter Ltd.

Court : Mumbai

Reported in : AIR1969Bom302; (1969)71BOMLR409; 1969CriLJ1109; 1969MhLJ188

..... now be noted, i have already pointed out that there is no specific provision in the copyright act, 1957, regarding the place for filing criminal complaints. the provisions of the criminal procedure code regarding the place of an enquiry and trial in chapter xv are the only provisions which would help a court in finding our whether it has jurisdiction ..... . what is, therefore, alleged is that the advertisement in journals published at nagpur amount to 'an offer for sale' as contemplated by section 51(b)(i) of the copyright act 1957. not only the advertisement ..... soliciting customers to purchase the books and to place their orders with the publishers amount to 'an offer for sale' under section 51(b)(i) of the copyright act, 1957. the additional sessions judge, who made a reference on this point, has taken a contrary view.8. the two points of view, which are canvassed before .....

Titan Industries Vs. NitIn P. JaIn and anr.

Court : Delhi

Reported in : 126(2006)DLT132; 2006(32)PTC95(Del)

..... that the instruction manual distributed along with the watches has a literary content, which is a literary work within the meaning of section 2(c) of the copyright act, 1957 and the said literary work has been created by another employee mr.hemchander p.n., senior officer, design department of the plaintiff during the course of his employment. ..... averment is made that the trade mark sonata is enclosed in a device which is an original artistic work within the meaning of section 2(c) of the copyright act, 1957 and the same has been created by mr michael foley,chief designer of the plaintiff company during the course of his employment. in para 12, it is averred ..... act, 1999, it was open to the plaintiff to paraphrase the prayer clause in the manner done by the plaintiff in prayers (d) & (e) extracted above and exercise its right of election either between damages or profits at the conclusion of hearing of the case. kerly's law of trade marks and trade names (13th edn.), in the chapter .....

Syndicate of the Press of the Universtiy of Cambridge on Behalf of the ...

Court : Delhi

..... f each chapter. even model test papers have been provided at the end of the books to provide the students a feel of the examination. excellent layout and design make the books visually attractive and increase readability. the books qualify for copyright protection as original literary works within the meaning of the copyright act, 1957. 93 ..... skill, labour and investment of capital, maybe it is a derivative work which gives a flavour of creativity. 17. this requirement of originality, under the copyright act, 1957, is that of expression and not of idea. in university of london press limited v. university tutorial press limited [1916] 2 ch 601, j. peterson ..... entitled to delivery up of all infringing material including plates? 8. whether the activities of the defendant fall under the concept of fair dealing under the copyright act, 1957? opd 9. relief. 5. though the respondents participated in the proceedings upto this stage and by filing the written statement and contesting the interim relief .....

Dabur India Ltd. Vs. K.R. Industries

Court : Supreme Court of India

Reported in : AIR2008SC3123; 2008(4)AWC3515(SC); LC2008(2)215; (2008)5MLJ1394(SC); 2008(37)PTC332(SC); 2008(8)SCALE385; (2008)10SCC595; 2008AIRSCW5265; 2008(3)LH(SC)2121

..... herbs that constitute the ingredients of plaintiffs product. 4. it was alleged that the said carton constituted an `artistic work' within the meaning of section 25-c of the copyright act, 1957 (the 1957 act). respondent is said to have been using an identical colour scheme lay out, arrangement of features and get up as that of the plaintiffs, the essential features whereof are:one ..... residing. in terms of sub-section (1) of section 62, suit can be instituted and the proceedings can be initiated in respect of matters arising under the said chapter for infringement of the copyright in any work or the infringement of any other right conferred thereunder. it does not confer jurisdiction upon a district court where the plaintiff resides, if a cause .....

Everest Pictures Circuit, Salem Vs. S. Karuppannan

Court : Chennai

Reported in : AIR1982Mad244; (1982)1MLJ100

..... a preliminary issue and accepted the contention of the civil revision petitioner, the defendant in the suit, that as per section 62 of the copyright act, 1957, hereinafter referred to as the act, the suit ought to have been instituted only in the district court and ordered the return of the plaint. as against the order of ..... with the jurisdiction of courts, reads as follows-'62. (1) every suit or other civil proceedings arising under this chapter in respect of the infringement of any other right conferred by this act shall be instituted in the district court having jurisdiction.(2) ..............'bearing these provisions in mind, we have to decide whether the ..... having jurisdiction. further the court-fee was paid u/s. 25(c) of the court-fees act, which relates to the courtfee payable for reliefs under the copyright act. if the suit is not one contemplated under the copyright act then the relief of declaration and injunction will have to be valued according to the other provisions of .....

Brundaban Sahu Vs. B. Rajendra Subudhi

Court : Orissa

Reported in : AIR1986Ori210

..... magistrate, phulbani in i.c.c. no. 48 of 84 against the petitioner for the offence under section 63 of the copyright act, 1957 and under sections 78 and 79 of the trade and merchandise marks act, 1958. the opposite party filed a complaint alleging that the petitioner is trading in 'khara masala' using similar wrapper as that ..... or record, for the private and domestic use of the importer.'chapter x of the act deals with registration of copyright. section 44 contained in the said chapter provides for keeping of a register in the prescribed form at the copyright office to be called as the register of copyright. section 45 deals with the entries to be made in ..... to which a false trade mark of false trade description is applied. chapter ii of the said act deals with the register and conditions for registration and chapter iii of the act deals with procedure for registration and duration of registration. section 29 of the act defines what is an infringement of trade mark and section 31 is the .....

Super Cassette Industries Ltd. Vs. Entertainment Network (India) Ltd.

Court : Delhi

Reported in : AIR2004Delhi326; 112(2004)DLT549

..... in conjunction with section 31(1)(b) of the copyright act, 1957. he submitted that the court must lay down parameters which the copyright board must adhere in the case of grant or refusal of a compulsory license.41. mr. sibal also placed reliance on the chapter on compulsory licenses from the celebrated book of 'copinger ..... principles of natural justice. he also submitted that while considering an application for a compulsory license under section 31 of the copyright act,1957 the copyright board acts in a quasi judicial capacity and must act in accordance with the principles of natural justice. he submitted that denying a party the opportunity to lead evidence particularly ..... broadcast of sound recording of the appellant?(2) whether principles of natural justice are applicable to quasi judicial bodies?(3) under section 31 of the copyright act,1957 every complainant has to be granted a compulsory license or the license can be refused on valid grounds.(4) while interpreting the statute, gap, .....

Ushodaya Enterprises Limited Vs. T.V. Venugopal and Another

Court : Andhra Pradesh

Reported in : 2001(4)ALD723

..... alleged that the learned single judge overlooked the legal position that the grant of relief under section 55 read with section 62 of the copyright act, 1957 for infringement of a copyright is not dependant on prior registration of the copyright. learned senior counsel further submitted that the learned single judge has erroneously held that neither deceptive similarity nor likelihood of confusion has been established ..... down that an author means in relation to an artistic work other than a photograph, the artist. chapter iii deals with copyright. section 13 provides thus:works in which the copyright subsists :--(1) subject to the provisions of this section and the other provisions of this act, copyright shall subsist throughout india in the following classes of works, that is to say- (a) original literary .....

Sheo Ratan Upadhya Vs. Gopal Chandra Nepali and anr.

Court : Allahabad

Reported in : AIR1965All274; 1965CriLJ672

..... the original work or pandit narendra nath upadhya. on these facts, the complainant appellant alleged that the respondents were liable to be punished for offences under section 63 of the copyright act, 1957.3. the learned city magistrate of varanasi, who tried the case, came to the conclusion that the original work was published in the form alleged in the complaint, ..... ' (chapter i) addressed to the 'panchdevas' where the names of the original author and his brother are mentioned as persons offering the prayer, proved that the publishers and the printers knew very well that there was a copyright in the original work. it was alleged that the original work was ..... the two stanzas at the end of the book, where the name of the original author and his family history were given, the substitution of a 'vana parva' (chapter iii) written by regmi instead of the original 'vana parva,' and the oversight in failing to delete the prayer in 'adi parva .....

Tata Consultancy Services Vs. State of Andhra Pradesh

Court : Supreme Court of India

Reported in : AIR2005SC371; (2004)192CTR(SC)257; 2004(178)ELT22(SC); [2004]271ITR401(SC); 2006(33)PTC652(SC); 2004(9)SCALE349; (2005)1SCC308; [2004]137STC620(SC)

..... engineering process.12. mr. sorabjee also drew the attention of the court to the definitions of 'computer' and 'computer programme' in the copyright act, 1957. these read as follows:'computer' includes any electronic or similar device having information processing capabilities'.'computer programme' means a set of instructions expressed in ..... the papers or diskettes etc. containing advice and/or information are goods for the purpose of the customs act. the answer, in our view, is in the affirmative....................................................................................41. significantly chapter 49 also includes items which have substantial intellectual value as opposed to the value of the paper on ..... taking within its ambit any moveable property. the list of goods as prescribed by the law are different items mentioned in various chapters under the customs tariff act, 1997 or 1999. some of these items are clearly items containing intellectual property like designs, plans, etc.47. in .....