Court : Delhi
..... public domain. the said intention was missing in the case of yardley in usa.85. in india, the statutory provisions relating to section 15 of the copyright act, 1957 clearly speak to the contrary from the statute of usa and the reasoning given by the us court in yardley (supra).86. lets now proceed further from ..... laws of registered designs throughout the community. however, it also contains within it a provision which has an impact on the issues we have been discussing in this chapter. one of the principles underlying the directive (and the community designs regulation which introduced community registered and unregistered designs) is that of cumulation. that is to say ..... is an acceptance of the principle of dual protection in uk and in european region. the said observation of the author reads as under:43.53. in chapters 51-60 we discuss how our domestic law of registered designs has been significantly altered by the implementation of directive 98/71/ec. the purpose of the directive .....
Tag this Judgment!Court : Delhi
..... work included in a sound recording could sell all copyrights including the right to receive royalties for a one-time or a lump sum ..... defendants no. 1 and 2. the plaintiff further submits that by virtue of the copyright assignment under the detailed agreement and sec. 18 of the copyright act, 1957 the recording, release and marketing of the infringing album by the defendants amounts to infringement of copyright. and on account of the said infringement, the plaintiff contends to have suffered ..... up of all infringing materials with respect to copyright in the album sun nakhre waliye. it is pertinent to note at the very outset that the issues in the instant suit would be governed by the copyright act, 1957 (act). this is in light of the fact that under the erstwhile act, the author of a literary or musical .....
Tag this Judgment!Court : Delhi
..... see any infirmity with regard to the said conclusions.23. mr.naresh kaushik, learned counsel for upsc would submit that the resolution is basically under chapter vi of the act of 1957. we are of the view that it may not be necessary to go into that particular aspect in view of what we have stated above ..... was approved by the special officer under section 490(2)(b) of delhi municipal corporation act, 1957 (the act of 1957). according to him the decision could have been acted upon without requirement of the notification under section 480(2) of the said act. he submit that the existing recruitment regulations did not contemplate the re-organization and re ..... is the recruitment regulations of 1976 which should govern the promotion against 3 posts, provided, the same are amended in terms of the provisions of the act of 1957 (the act of 1957). the resolution of january 31, 1997 except creating / upgrading the post at the level of deputy education officer, does not prescribe the eligibility for .....
Tag this Judgment!Court : Delhi
..... see any infirmity with regard to the said conclusions.23. mr.naresh kaushik, learned counsel for upsc would submit that the resolution is basically under chapter vi of the act of 1957. we are of the view that it may not be necessary to go into that particular aspect in view of what we have stated above ..... was approved by the special officer under section 490(2)(b) of delhi municipal corporation act, 1957 (the act of 1957). according to him the decision could have been acted upon without requirement of the notification under section 480(2) of the said act. he submit that the existing recruitment regulations did not contemplate the re-organization and re ..... is the recruitment regulations of 1976 which should govern the promotion against 3 posts, provided, the same are amended in terms of the provisions of the act of 1957 (the act of 1957). the resolution of january 31, 1997 except creating / upgrading the post at the level of deputy education officer, does not prescribe the eligibility for .....
Tag this Judgment!Court : Delhi
..... . it is alleged that art work involved in the respondent/plaintiffs trade mark/label vo5 along with the word alberto is duly registered under the indian copyright act, 1957. it is alleged that respondent/plaintiff has already built up a globally valuable trade under the aforesaid trade mark/label and has conducted handsome business thereunder ..... culver company is the predecessor-in-title of the respondent/plaintiff. the said predecessor has assigned all rights, titles and interests in the aforesaid trade marks/ copyrights along with the goodwill to the respondent/plaintiff, vide a deed of assignment dated 14.04.2006. it is alleged that respondent/plaintiff is one of ..... /plaintiff, it has acquired worldwide reputation. the respondents/plaintiffs trade mark alberto vo5, vo5 label and v05 are duly registered in india under the trade marks act, 1999. the dates of registration are given in the plaint. it is alleged that in view of registration of its trade mark, respondent/plaintiff has exclusive .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... diffusion other than by issuing copies of such work regardless of whether any member of the public actually sees, hears or otherwise enjoys the work so made available [copyright act, 1957, s.2(ff)] 15. the oxfords dictionary of english, 3rd edition, also defines the words communication as under: communication 1. the imparting or exchange of ..... more than one household or place of residence including residential rooms of any hotel or hostel shall be deemed to be communication to the public. [copyright act, 197 (14 of 1957), s.2(ff)] means making any work available for being seen or heard or otherwise enjoyed by the pubic directly or by any mean display ..... with the notification of 2006, then alone the period of limitation shall begin to run, would be an interpretation which will frustrate the very object of the act and would also cause serious prejudice to all concerned. firstly, this completely frustrates the purpose of prescription of limitation. secondly, a project proponent who has obtained .....
Tag this Judgment!Court : Delhi
..... any outlet or branch office of their own within the local jurisdiction of the court. it is further submitted that on the basis of section 62 of the copyright act, 1957 (ca), the plaintiff has no place of business within the local jurisdiction limits of this court.8. mr. saif khan, learned counsel appearing for the ..... to its cigarette and tobacco products and if, to what effect? opp (v) whether the use of the defendants packaging amounts to infringement of the plaintiffs copyright subsisting in the artistic work in the packaging of its djarum black cigarettes? opp (vi) whether the use of the manner of presentation of the impugned mark ..... packaging, including cartons and boxes, which are a colourable imitation or substantive reproduction of the plaintiffs trade mark djarum black, which would amount to an infringement of copyright, (ii) selling, exporting, advertising, in any manner whether directly or indirectly using the impugned mark black eye or any other mark comprising of the word black .....
Tag this Judgment!Court : Delhi
..... dated 29.12.2005 with respect of sms rights in indias tour of pakistan. the plaintiff prayed for an injunction under sections 55 and 61 of the copyright act, 1957, restraining the defendants from disseminating information relating to scores, alerts and updates through sms technology on wireless and mobile phones by means of fao(os) nos ..... findings of the learned single judge are unimpeachable, because the nature of the rights, are not proximate to copyright; they really emanate out of broadcasting, which is covered by a separate chapter of the copyright act. even the rights claimed in this case are not covered as broadcasting rights. it was argued that the ..... match information or facts, for irrespective of commercial or non-commercial use, is precluded by section 16 of the copyrights act; it is also precluded because of the provisions of chapter viii of the said act. if parliament had intended such rights to exist, they would have been enacted, with suitable mechanisms for their enforcement .....
Tag this Judgment!Court : Delhi
..... submits that even with respect to protection of intellectual property rights, the legislature by amendment of 2012 has inserted section 65a and section 65b in copyright act, 1957 providing for protection of technological measures, and rights management information respectively. learned counsel also places reliance on various news articles exhibiting the growing trend ..... in delhi through its websites which can be accessed in delhi 9. since the plaintiff relies on section 134 of the tm act, 1999 and section 62 of the copyright act, 1957, i consider it appropriate to reproduce the same herein section 134 - suit for infringement, etc., to be instituted before district ..... section 62 - jurisdiction of court over matters arising under this chapter (1) every suit or other civil proceeding arising under this chapter in respect of the infringement of copyright in any work or the infringement of any other right conferred by this act shall be instituted in the district court having jurisdiction. (2) .....
Tag this Judgment!Court : Delhi
..... in the union territory of delhi. the question was as to whether the property taxation under two municipal acts, one being the delhi municipal corporation act, 1957 and the other being the punjab municipal act, 1911 both applicable in delhi, constituted union taxation or not. the issue of the legislative competence of ..... to justice, poverty reduction, and the empowerment of communities [ref: presidential regulation no.7/2005 on the national medium terms development plan (2004 09) chapter 9].. it was further stated that increasing the effectiveness of, and confidence in the justice system can reduce conflict and improve human security. thus, there ..... . the jcus has recommended that the federal courts should obtain resources adequate to ensure the proper discharge of their constitutional and statutory mandates (in chapter 8, titled resources ).763. the jcus noted that chronic failure to provide adequate resources puts federal judges in the unfortunate position of supplicants, constantly .....
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