Court : Delhi
..... defined in clause (c) of section 2 of the copyright act, 1957 (14 of 1957) (underlining added) 10. copyright of an artistic work is defined in section 2(c) of the copyright act, 1957. section 14(c) of the copyright act, 1957 provides the rights of different types by virtue of owning the copyright in the artistic work. section 15, and more particularly its ..... parts) in question.5. the court below has allowed the injunction application by treating the designs/drawings of the machine and its components as having copyright under the copyright act, 1957 and has restrained the appellant/defendant from using the similar machine and which similar machine the appellant/defendant got manufactured from the same mr. k.k ..... of the appellant/defendant. i am empowered to impose costs in terms of volume v of the punjab high court rules and orders (as applicable to delhi) chapter vi part i rule 15 i may note that the supreme court in the judgment in the case of ramrameshwari devi & ors. vs nirmala devi & ors. .....
Tag this Judgment!Court : Delhi
..... herein. , on 14th march, 2014 inter alia the following order was passed: 4. it has been enquired from the counsel for the defendants that the law of copyright, having been codified in the copyright act, 1957, whether there is any provision therein, which permits such a defense to be raised and whether in the statutes of the countries where such a defense is held ..... is, the public policy to ensure that fair use continues to protect freedom of expression.12. our law of copyright is codified in the form of the copyright act, 1957, preamble whereof describes the same as an act to amend and consolidate the law relating to copyright. the statement of objects and reasons of the said law also describes the same as an independent self contained .....
Tag this Judgment!Court : Delhi
..... on behalf of the plaintiffs and that the said label of plaintiffs is an original artistic work that falls within the meaning of section 2(c) of the copyrights act, 1957. plaintiffs have also established that on account of enormous amount spent on advertisement of aquafina packaged drinking water in india, plaintiffs have been able to generate vast turnover ..... with the distinctive artistic device wedged between the two a s of the word aquafina. it has also been deposed that under section 17 of the copyright act, all rights in the label are owned by the plaintiffs and the said label is distinctive and is an original artistic work under section 2 (c) of ..... the copyright act and is entitled to the highest degree of protection.11. he has also deposed that the aquafina label design is registered as a copyright in the united states copyright office under registration no.va-1-099-341 and the said registration is fully applicable .....
Tag this Judgment!Court : Delhi
..... the same.6. the defendant has contested the suit by pleading:(a) that the drawing in respect of which the plaintiffs claims copyright is not an artistic work within the meaning of section 2(c) of the copyright act, 1957; (b) that the engineering drawing is always the work of an engineer or technical expert, hence, section 14 (c) of ..... the copyright act would have no application thereto; (c) that the drawing so created by an expert or engineer for any engineering product / article ..... ; (d) it is the admitted case of the plaintiff that it has manufactured similar engineering products since long; by virtue of section 15 of the copyright act, no copyright exists in any drawing or design after its reproduction more than 50 times by an industrial process; the plaintiff for this reason also has no right; .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... name mt. zion charitable society and reclaimed by him in violation of kerala land utilisation order, 1967, kerala conservation of paddy land and wetland act, 2008 and kerala land conservancy act, 1957. the land also comprises of 8.87 acres of government land encroached upon by the said k.j. abraham. he had also illegally filled ..... imagination and this respondent has provided required environment monitoring programme as required in the manual. 138. this respondent has dealt with all issues arising out of chapter 7 of the manual. in any case, additional studies have been conducted by the company through various qualified experts qualified to conduct the study such as ..... of material, likely impact and referred back to eac. the eac again in august 2012 examined and recommended. the eia study covered the flora and fauna under chapter iii of the eia report. 74. the 1st respondent, therefore, concludes that the eac after due consideration of the relevant documents submitted by the project proponent .....
Tag this Judgment!Court : Delhi
..... the said product of the plaintiffs and no one else. further, the labels are original artistic works within the meaning of section 2 (c) of the copyright act 1957, of which smithkline & french laboratories limited is the owner and thus entitled to reproduce the same in any material form to the exclusion of all others. ..... apart from the word iodex and is independently entitled to protection. the labels are original artistic works within the meaning of section 2 (c) of the copyright act 1957, of which smithkline & french laboratories limited is the owner and thus entitled to reproduce the same in any material form to the exclusion of all others.18 ..... to which false trade marks have been applied; and ii. s. 63 of the copyright act, 1957 for infringement of copyright. the corresponding general diary reference entry no.is dd no.12a dated 13th february 2006.24. he has also deposed that acting upon the first information report, the sub-inspector mr. suraj prasad accompanied the plaintiffs .....
Tag this Judgment!Court : Delhi
..... the affidavit reads as under: 2. i state that the municipal corporations are empowered to determine and notify streets in delhi under section 303(1) of dmc act, 1957 to prohibit vehicular traffic including ply of erickshaws in any public street in consultation with delhi traffic police department. if need be, the municipal corporations shall do the ..... needful.3. i state that the municipal corporations will obey all directions given by the central government pertaining to erickshaw operation under the relevant provisions of dmc act, 1957 as applicable in this regard in their respective jurisdiction. the last affidavit was filed on behalf of respondent no.4 on 29.08.2014 in court (though ..... relation to the use of the vehicle by that person or that other person, as the case may be, a policy of insurance complying with the requirements of chapter xi hereof.23. therefore, e-rickshaws have to registered; they need to have permits; they need to be covered by an appropriate policy of insurance; and .....
Tag this Judgment!Court : Delhi
..... bench did not examine the meaning and scope of the expression carries on business as appearing in section 134(2) and 62(2) of the trademarks act, 1999 and the copyright act, 1957, respectively. that case was decided on the basis of the plea of cause of action and not on the basis of the expression carries on business ..... is in appeal before us.11. before we proceed any further, it would be necessary to set out the provisions of section 134 of the trademarks act, 1999 and section 62 of the copyright act, 1957. they are as under: 134. suit for infringement, etc., to be instituted before district court.- (1) no suit (a) for the infringement ..... and the registered user. 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 direct court having jurisdiction. (2) for the .....
Tag this Judgment!Court : Delhi
..... adv. with mr.a.k.mehta, adv. coram: hon'ble mr.justice manmohan singh manmohan singh, j.1. the present suit for permanent injunction restraining infringement of registered trademarks, copyrights, delivery up, rendition of accounts of profits, damages etc. has been filed by the plaintiff against the defendants in respect of trademark flexilam nomex . alongwith the suit, plaintiff also ..... in t. oertli a.g. v. e.j.bowman (london), ld., page, w. & cov. (turmix sales) ltd., h.g.h. farnsworth s.s. parness and f.a. marlow, 1957 r.p.c. 388 and t. oertli a.g. v. e.j.bowman (london) ld. and others, 1959 r.p.c.i. 5. 27. law of publici juris has been ..... present stage, this alone, without anything more, docs not furnish a sufficient ground to discharge the injunction because of the provisions in subsection (3) of section 28 of the act. sub-section (3) of this section provides that where two or more persons arc registered proprietors of trade marks, which are identical with or nearly resemble each other, .....
Tag this Judgment!Court : Delhi
..... ) no.6255/2010, titled super cassettes industries vs. union of india , wherein held as under: 8. it appears to this court that section 31(1) of the copyright act, 1957, mandates that the owner of copyright should be given a reasonable opportunity of being heard before deciding on whether refusal by such owner to grant licence to the complainant was reasonable and if held ..... present matters are the registrar of copyrights and the copyright board. the constitution of the copyright board has been envisaged under section 11 of the said act and the procedure of the copyright board has been defined under section 12 of the said act. however, chapter x of the said act pertains to registration of copyright and contains sections 44 to 50a. the act also provides for a compulsory licence .....
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