Judgment Search Results Home > Cases Phrase: copyright act 1957 section 53 importation of infringing copies Page 1 of about 448 results (0.016 seconds)

Gramophone Company of India Ltd. Vs. Birendra Bahadur Pandey and ors.

Court : Supreme Court of India

Reported in : AIR1984SC667; 1985(1)ARBLR361(SC); (1984)1CompLJ362(SC); 1984(2)ECC142; 1984(1)SCALE338; (1984)2SCC534; [1984]2SCR664; 1984(16)LC475(SC)

..... clause (b) states that copyright shall be deemed to be infringed 'when any person-(i) makes for sale or hire, or sells or lets for hire or by way of trade displays or offers for sale or hire, or(ii) distributes either for the purpose of trade or to such an extent as to affect prejudicially the owner of the copyright, or(iii) by way of trade exhibits in public, or(iv) imports (except for the private and domestic use of the importer) into india,any infringing copies of the work'.30 ..... therefore, no hesitation in coming to the conclusion that the word 'import' in sections 51 and 53 of the copyright act means 'bringing into india from outside india', that it is not limited to importation for commerce only but includes importation for transit across the country. ..... all copies to which any order made under sub-section (1) applies shall be deemed to be goods of which the import has been prohibited or restricted under section 11 of the customs act, 1962, and all the provisions of that act shall have effect accordingly; provided that all such copies confiscated under the provisions of the said act shall not vest in the government but shall be delivered to the owner of the copyright in ..... now ripe for us to refer to our own copyright act of 1957. ..... section 53 which is of direct relevance as it deals with 'importation of infringing copies' needs to be ..... information received, the appellant sought the intervention of the registrar of copyrights for action under section 53 of the copyright act, 1957. .....

The Daily Calendar Supplying Bureau, Sivakasi Vs. the United Concern

Court : Chennai

Reported in : AIR1967Mad381

..... learned council sri sankara ayyar, appearing for the appellant, drew our attention to a difference between the earlier copyright act and the act of 1957 in section 35(1)(c) of the former act infringing when applied to a copy of a work, in which copyright subsists, has been defined as any copy including any colourable imitation, made or imported in contravention of the provisions of this act. ..... (6) the first point to be noted is that section 62(1) of the copyright act, 1957, extracted above gives jurisdiction to the district court to deal with infringement of copyright. ..... adverting to this, copinger observes in his law of copyright--ninth edition at page 147:--"section 35(1) of the act of 1911 in defining 'infringing copy' employed the expression 'colourable imitation' but this expression does not appear in the act of 1956. ..... "(11) after the deletion of the words colourable imitation in the act of 1957, to find out the meaning of infringement one has, therefore, necessarily to interpret the words 'reproduce the work in any material form' section 14(2) of the act includes also the reproduction of a substantial part of the work, for the purposes of infringement of copyright. ..... the suit was filed by the plaintiff seeking certain reliefs consequent upon the alleged infringement of copyright under section 62 of the copyright act (act xiv of 1957). .....

Smithkline Beecham Consumer Healthcare Gmbhy and ors. Vs. Hindustan Le ...

Court : Mumbai

Reported in : (2002)ILLJ453Bom

..... filed and therefore reliefs on the basis of the right of the plaintiffs under the copyright act could have been claimed by them in relation to the baroda mould, but the bombay mould has admittedly been imported subsequently in the year 1998-1999, therefore this suit which relates to the rights of the plaintiffs under the copyright act which have been infringed by the plaintiffs by importing the bombay mould, cannot be said to be barred by the provisions of order ii, rule 2 of the ..... in the premises, the defendant's moulds and each of them are infringing copies of one or more of the plaintiffs copyright works aforesaid. ..... 1 and/or 3 have at all material times been the owners of each such infringing copy and are entitled to possession thereof together with any drawing or 'plate' used in its making. ..... by virtue of section 40 of the copyright act 1957, the said works also attract copyright protection in india, belgium being a country specified in both the schedule (parts i and ii) to the international copyright order 1958 (s.r.p. ..... the plaintiffs further submit that they are entitled to an order for delivery up to the plaintiffs (or to their representatives) of all moulds in the defendant's authority, possession, power, custody or control (or that of either of them) which are infringing copies of any or all of the first and/or third plaintiffs copyright works together with all plates used in the making thereof as may be in their respective power, possession, custody or control.4. .....

Nag Book House and anr. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1982Cal245,87CWN107

..... section 2(m) of the copyright act, 1957 defines 'infringing copy' as meaning :--'(i) in relation to a literary, dramatic, musical or artistic work, a reproduction thereof otherwise than ..... papers are within the category of original works within the meaning of section 13 of the indian copyright act, 1957 and copyright can be claimed therein. ..... section 51 provides that 'copyright m a work shall be deemed to be infringed '(a) when any person, without a licence granted by the owner of the copyright or the registrar of copyrights under this act or in contravention of the conditions of a licence so granted or of any condition imposed by a competent authority under this act - (i) does anything, the exclusive right to do which is by this act conferred upon the owner of the copyright ..... that in accordance with the syllabi the text books prepared by the petitioners is an infringement of the copyright is without any merit and hence the same is overruled.13. ..... in paragraph 4 of the said affidavit it has been stated that the west bengal board of secondary education constituted under the west bengal board of secondary education act, 1963, has been empowered to provide for secondary education to the students and also it has been vested with the task of supervising the various institutions and schools ..... it is necessary that the labour, skill and capital expended should be sufficient to import to the product some quality or character which the raw material did not possess, and which differentiates .....

Smithkline Beecham Consumer Healthcare Gmbh and ors. Vs. Hindustan Lev ...

Court : Mumbai

Reported in : 2002(1)ALLMR1043; (2003)105BOMLR547

..... in any event every fresh act of importation of a fresh mould would give to the plaintiffs under section 51 read with section 2(m) of the copyright act,1957. ..... the cause of action in the present suit is importation of infringing copy (moulds) into india. ..... it is averred by the plaintiffs that during the course of the proceedings for design infringement and passing off before delhi high court, the plaintiffs found that mould sets had been imported into india by a concern in baroda by the name unident brushes pvt. ..... the present suit of the plaintiff is based on the infringement of their copyright and relief has been claimed in that respect. ..... the plaintiffs, therefore, issued notice dated 23.9.1999 to the defendants and as no response was received to the said letter filed the present suit praying for injunction thereby restraining the defendants from infringing the copyright of the plaintiffs in mould drawings of the plaintiffs. ..... to enforce its copyrights the plaintiffs issued a letter before action to the 1st defendant making a claim of copyright infringement in the mould and mould drawings used in the manufacture of pepsodent popular toothbrushes and sought appropriate undertakings from them for the future and deliver up their ..... 6556 of 1999 is based on the alleged infringement of the plaintiffs' copy right in mould drawings and copy right in the pilot moulds. ..... the delhi suit was based upon an action for design infringement for which the evidence required is a copy of the design registration. .....

Super Cassettes Industries Ltd. Vs. Mr. Punit Goenka and anr.

Court : Delhi

Reported in : 2009(41)PTC1(Del)

..... (h) the defendants have raised additional defences of absence of itemized songs, non compliance of provisions of assignment of section 18 and 19 of the copyright act, 1957 and the maintainability of the suit in the absence of the original owners and have also denied any infringement of copyright on their part.submissions of the parties22. ..... had no reasonable ground for believing that such communication to the public would be an infringement of copyright; or(b) when any person -(i) makes for sale or hire, or sells or lets for hire, or by way of trade displays or offers for sale or hire, or(ii) distributes either for the purpose of trade or to such an extent as to affect prejudicially the owner of the copyright, or(iii) by way of trade exhibits in public, or(iv) imports into india, any infringing copies of the work:provided that nothing in sub-clause (iv) shall apply to the ..... -- for the purposes of this section, the reproduction of a literary, dramatic, musical or artistic work in the form of a cinematograph film shall be deemed to be an 'infringing copy.27. ..... explanation appended to section 31 also plays an important role as it seeks to make a distinction between an artistic work on the one hand and a cinematographic films or sound recording on the other. .....

Super Cassettes Industries Private Limited vs.scn Sujla Channel

Court : Delhi

..... from the facts proved, it is clear that the plaintiff, being the owner of the copyright in respect of the works in question has suffered infringement of its exclusive rights within the mischief of section 51 of the copyright act, 1957 at the hands of the defendant who, without permission or license, has been broadcasting the same to the public at large on its cable television network. ..... to the import of one copy of any work, for the private and domestic use of the ..... ground for believing that such communication to the public would be an infringement of copyright; or (b) when any person- (i) makes for sale or hire, or sells or lets for hire, or by way of trade displays or offers for sale or hire, or cs (comm) 67/2016 page 7 of 13 (ii) distributes either for the purposes of trade or to such an extent as to affect prejudicially the owner of the copyright, or (iii) by way of trade exhibits in public, or (iv) imports into india, any infringing copies of the work: provided that nothing in sub-clause (iv) shall apply .....

Deccan Bottling and Distilling Industries Private Limited Through Its ...

Court : Mumbai

Reported in : 2009(1)BomCR862; (2008)110BOMLR3175; 2009(2)MhLj302; LC2008(3)286

..... as most infringements of copyrights consist of a continuous process of successive infringing acts such as importation of infringing copies as in this case the most important remedy and in many cases the only effective one is the injunction. ..... deo, appearing for appellant, prayed for directions to the trial court to expeditiously dispose of the suit as, according to counsel, this is the only suit under the copyrights act, 1957 which is pending before the court.24. ..... 1/2007 was filed before the district court along with application for temporary injunction under order 39 rule 1 and 2 of the code of civil procedure for violation the copyrights act 1957 and the trade marks act 1999. ..... paragraph 11 reads thus:(11) after the deletion of the words colourable imitation in the act of 1957, to find out the meaning of infringement one has, therefore, necessarily to interpret the words reproduce the work in any material form. ..... section 2, clause (c)(i) of the copyright act 1957 defines 'artistic work' which reads:2. .....

Anurag Sanghi & Anr. Vs.m/s Knitpro International

Court : Delhi

..... act of importation of a fresh mould would give to the plaintiffs under section 51 read with section 2(m) of the copyright act, 1957 ..... passing off and suit no.179/2017 pertains to the infringement of copyright in the industrial design and that whereas the suit for infringement of designs had been transferred to this court by virtue of operation of section 22 (4) of the designs act, 2000 no such provisions are available under the trademark act and copyright act and different provisions of law are applicable in suits pertaining to infringement of designs, infringement of copyright in industrial drawings and passing off and that the defence ..... present suit is importation of infringing copy (moulds) into ..... that a composite suit has the advantage of a bird s eye view by the court, with respect to a common set of facts: if for some reason, the claim for design infringement is prima facie weak and the plaintiff cannot secure interim relief, it does not have to face uncertainty of another action before another court; the same court can review the same facts and ..... the reference is answered by holding that one composite suit can be filed by a plaintiff against one defendant by two causes of action, one of infringement of the registered design of the plaintiff and the second of the defendant passing off its goods as that of the plaintiff on account of the goods of ..... action for design infringement for trp (c) 93 & 94/2017 page 21 of 27 the right which the evidence required is a copy of the design .....

South Indian Music Companies Vs. Union of India, Rep. by its Secretary ...

Court : Chennai

..... (prayer: writ petition is filed under article 226 of the constitution of india praying to issue a writ of declaration, declaring sections 11, 12, 31 and 31-d of the copyright act, 1957, rule 3 of the copyright rules, 2013, and the copyright board salaries and allowances and the other terms and conditions of service of the chairman and other members rules, 2014, as ultra vires articles 14, 19 (1) (g), 50, 245 and 300-a of the constitution of india in so far as this petitioner is ..... certain duties have been prescribed for registrar, who, in turn, is given the task of disposing of applications for compulsory licences, apart from making inquiries into the complaints of importation of infringing copies. ..... in the counter affidavit filed, it has been stated that the chairman of the board will have an important role in the search-cum-selection committee, but he has been reduced to a role of a member in the committee. ..... the other members are appointed in consultation of the chairman, who plays an important role in screening of the initial applications and in the final selection, being member of the search-cum-selection committee. ..... the challenge has been made on the basic structure, being violated, apart from infringement of articles 14 and 19(1)(g). .....