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Microforms Inc Vs. Girdhar and Co. and ors.

Court : Delhi

Reported in : 128(2006)DLT238; 2006(32)PTC157(Del)

..... the defendants contended that the legislative intent behind the repealed designs act, 1911 and coming into force of the new designs act, 2000 remained the same and the exclusion of 'artistic work' in the definition in the new designs act, 2000 is only clarificatory and was intended to exclude only artistic work pure and simple such as paintings, sculptures and works of art.54. ..... in view of the aforesaid, it was contended that if the definition of 'design' is seen under section 2(d) of the designs act, 2000 or under section 2(5) of the designs act, 1911, in a 'design', the features are merely ornamental (i.e. ..... thereforee, it would follow from the argument on behalf of the plaintiffs that it is clearly a design coming within the meaning of the definition of design, under the designs act, 1911, and coming within the meaning of section 15 of the copyright act, 1957. ..... in terms of section 48 of this act, the designs act, 1911 was repealed. ..... 2002 (25) ptc 327 (del) has considered the effect of section 2(c) of the copyright act and section 11 of the designs act to come to the conclusion that industrial drawings and designs in which copyright was claimed were for purposes of manufacturing of filter related machines or components and as such clearly fell within the meaning of 'design' as defined in the designs act of 2000 and since the alleged designs had not been registered under the designs act, the plaintiff in the suit could not claim any copyright therein. .....

Gopal Glass Works Ltd. Vs. Assistant Controller of Patents and Designs ...

Court : Kolkata

Reported in : (2007)1CALLT290(HC),2006(3)CHN188,2006(33)PTC434(Cal)

..... in enacting the designs act, 2000, hereinafter referred to as the 2000 act, which has repealed the designs act, 1911, earlier in force, parliament has consciously made changes in the law, pertaining to the registration of designs, some of which are relevant to the questions involved in this appeal.24. ..... section 51a of the designs act, 1911 which more or less corresponds to section 19 of the 2000 act provided as follows:51a. ..... there was no provision in the designs act, 1911 corresponding to section 4 of the 2000 act which expressly prohibited the registration of any design. ..... therefore, i am of the opinion that the impugned design is not new or original and published prior to the date of registration.....i am of the opinion that since there is no specific definition of publication given in the designs act, 2000, any document, which is freely made available to the public or it is shown or disclosed to the member of public, it is treated as publication. ..... 1 has apparently not considered the definition of 'original' in section 2(g) of the 2000 act. .....

Lucasfilm Limited and Others (Appellants) Vs. Ainsworth and Another (R ...

Court : UK Supreme Court

..... the patents and designs act 1919 amended the 1907 act by substituting for the definition in section 93 of the 1907 act a new definition of "design" which referred to features applied "by any industrial process" and did not make an express exception for a design for a sculpture. ..... section 22 of the 1911 act provided as follows: "(1) this act shall not apply to designs capable of being registered under the patents and designs act 1907, except designs which, though capable of being so registered, are not used or intended to be used as models or patterns to be multiplied by any industrial process. ..... the law as to registered designs was amended by the copyright of designs act 1850, was further amended and consolidated by part iii of the patents, designs and trade marks act 1883 ("the 1883 act") and finally (as regards legislation before the 1911 act) was further amended by the patents and designs act 1907 ("the 1907 act"). ..... those were the essential features of the scheme introduced by the copyright of designs act 1839, repealed and replaced by the designs act 1842. ..... architectural works were not protected until the 1911 act (which also introduced works of "artistic craftsmanship" into the definition of "artistic work" in section 35 of that act). 17. ..... the 1911 act was repealed by the copyright act 1956 ("the 1956 act"). .....

Mattel, Inc. and ors. Vs. Mr. Jayant Agarwalla and ors.

Court : Delhi

Reported in : 153(2008)DLT548; LC2008(3)298; 2008(38)PTC416(Del)

..... section 15 of the copyright act mandates that copyright subsists under the copyright act in any design, which is registered under the designs act, 1911 and in respect of designs capable of registration under the designs act, 1911, the copyright shall cease as long as any article to which the design has been applied has been reproduced more than 50 times by an industrial process by the owner of the copyright or ..... as far as the defendants' arguments on the question of the copyright protection in this case, not being available due to provisions of section 15 of the act, and provisions of the designs act are concerned, it would be appropriate to set out the observations in microfibres (supra):in india, we have special legislations governing the protection of different nature ..... not also in dispute that there is no registration which has taken place under the designs act, 1911 (or under the designs act, 2000). ..... in the designs act of 1911, classes 13 and 14 of the fourth schedule of the rules dealt with printed or woven designs of textile goods other than checks and stripes and checks and ..... the exclusion of an 'artistic work' as defined in section 2(c) of the copyright act from the definition of 'design' under section 2(d) of the designs act, 2000 is only meant to exclude the nature of artistic works like painting ..... the industrial designs are concerned, the protection is provided under the designs act, 2000, which came into force from may, 2001 and repealed the earlier designs act, 1911. .....

Dart Industries Inc. and anr. Vs. Techno Plast and ors.

Court : Delhi

Reported in : 2007(35)PTC285(Del)

..... . in the present case, the configuration was made only with the object of putting it to industrial/commercial use.the exclusion of an 'artistic work' as defined in section 2(c) of the copyright act from the definition of 'design' under section 2(d) of the designs act, 2000 is only meant to exclude the nature of artistic works like painting of m.f ..... . copyright in any design, which is capable of being registered under the designs act, 1911 (2 of 1911), but which has not been so registered, shall cease as soon as any article to which the design has been applied has been reproduced more than fifty times by an industrial process by the owner of the copyright or, with his license, by any other person.37 ..... . copyright shall not subsist under this act in any design which is registered under the designs act, 1911(2 of 1911).2 ..... . in the designs act of 1911, class 13 and 14 of the fourth schedule of the rules dealt with printed or woven designs of textile goods other than checks and stripes and checks and stripes respectively ..... . thus, the intention of the legislature has been expressed as one to protect any artistic work which has to be commercially exploited by the owner of the copyright by not providing the protection under the copyright act, but under the earlier the designs act, 1911 ..... . insofar as the industrial designs are concerned, the protection is provided under the designs act, 2000, which came into force from may, 2001 and repealed the earlier designs act, 1911 .....

Samsonite Corporation Vs. Vijay Sales

Court : Delhi

Reported in : 73(1998)DLT732

..... on behalf of the plaintiffs that it is clearly a design coming within the meaning of the definition of design, under the designs act, 1911 and coming within the meaning of section 15 of the copyright act, 1957. ..... section 2(5) of the designs act, 1911 gives the definition of design, which reads as under :''design' means only the features of shape, configuration, pattern or ornament applied to any article by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article ..... of the provisions of these two acts by the learned counsel for the defendants is that the drawings relied upon by the plaintiffs are designs within the meaning of designs act, 1911 and by virtue of section 15 of the copyright act, 1957 the plaintiffs cannot claim any ..... section 15 of the copyright act, 1957 reads as under :-'special provision regarding copyright in designs registered or capable of being registered under the designs act, 1911 ..... 'a slight modification was made in the definition in the patents and designs act 1907 :'`design' means any design (not being a design for a sculpture or other thing within the protection of the sculpture copyright act 1814) applicable to any article, whether the design is applicable for the pattern, or for the shape or configuration, or for the ornament thereof, or for any two or more of such purposes, and by whatever means it is applicable, whether by printing, paining, ..... act, 1914 but that stood repealed by copyright act .....

Girdhari Lal Gupta Vs. K. Gian Chand JaIn and Co., Delhi-6

Court : Delhi

Reported in : AIR1978Delhi146; 14(1978)DLT132

..... of the patents and designs act, 1911, a high court could dismiss a petition presented to it under the repealed s. ..... 34, the high court to which a petition has been presented under the repealed section 26 may stay proceedings or dismiss the petition if in its opinion the petition would be disposed of more justly or conveniently by another high ..... or an order in a petition under the repealed section 26 are sent to the controller, who shall cause an entry thereof and reference thereto to be made in the register al patents under the repealed section 33. ..... (d) similarly, under the repealed section 28 a high court could direct that an issue be tried before itself or any other high court or any district ..... the first thing to consider is the definition of 'high court' in 1911 when there was only one combined patent and designs office under the act, which happened to be established in ..... though, there was only one patent & designs office in india from 1911 to 1970, the definition of 'high court' was never confined to one particular ..... 's writtenstatement in both the cases with a view to take the plea that the high court of delhi has no jurisdiction to entertain the applications of the respondents for the cancellation of the appellant's registration under section 51-a of the act and that the jurisdiction for granting such a relief is only in the high court at calcutta. ..... section 2(a)(ii) of the said act enacts the residuary definition as follows: 'in relation to any other industrial dispute, the state .....

Sukanya Shantha Vs. Union Of India

Court : Supreme Court of India

..... time. additionally, in case of a previous conviction for offences under the schedule of the act, punishment could vary from seven years to transportation of life.179 the act also prescribed punishment to an individual of a designated criminal tribe, if the court was satisfied that he was about 171 section 14, criminal tribes act, ..... hence, even though the attention of the framers was drawn to the fact that untouchability is not a practice referable only to the lowest in the caste ordering but also was practised against women (and in the absence of a definition, the prohibition would cover all its forms), the expression was designedly left undefined the constitution as a constantly evolving instrument has to be flexible to reach out to injustice based on untouchability, in any of its forms or ..... settlements. 164 105 the criminal tribes act 1911 repealed the earlier act of 1871 and the amendments of 1876 and ..... government is directed to make necessary changes, as highlighted in this judgment, to address caste-based discrimination in the model prison manual 2016 and the model prisons and correctional services act 2023 within a period of three months; (iii) references to habitual offenders in the prison manuals/model prison manual shall be in accordance with the definition provided in the habitual offender legislation enacted by the respective state legislatures, subject to any constitutional challenge against such legislation in .....

Khalsa University Vs. The State Of Punjab

Court : Supreme Court of India

..... for the above reasons, we accept the contentions of the learned counsel for the appellant, and hold that section 5 of the second amendment act (act 11 of 1966), introducing section 13-a in the act, is discriminatory and violative of article 14 of the constitution and, as such, has to be struck down as ..... supposing, however, that the impugned act was passed on the same grounds as were mentioned in the preamble to the repealed 29 ordinance, namely, mismanagement and neglect prejudicially affecting the production of an essential commodity and causing serious unemployment amongst a section of the community, the petitioner could hardly be expected to assume the burden of showing, not that the company's affairs were properly managed, for that is not his case, but that there were also ..... the sor of the impugned act read thus: statement of objects and reasons the khalsa university (repeal) ordinance, 2017 aims to repeal the khalsa university act, 2016 with a view to protect heritage character of khalsa college, ..... union of india17, this court was considering the proviso to section 11 (1-a) of the all-india institute of medical sciences act, 1956 vide which the tenure of the petitioner therein was sought to be 17 (2008) 5 scc1 ..... the challenge of the petitioner therein was that, by virtue of section 13a, a differentiation was made between the appellant who was a vice-chancellor on the date of the commencement of the said act and other persons who were to be appointed vice-chancellors thereafter .....

Pune Municipal Corporation Vs. Sus Road Baner Vikas Manch

Court : Supreme Court of India

..... duly done or suffered thereunder used in clause (b) of section 6 are often used by the legislature in saving clause which is intended to provide that unless a different intention appears, the repeal of an act would not affect anything duly done or suffered thereunder. ..... it will also be relevant to refer to the preamble of the said 2016 rules, which reads thus: now, therefore, in exercise of the powers conferred by sections 3, 6 and 25 of the environment (protection) act, 1986 (29 of 1986) and in supersession of the municipal solid waste (management and handling) rules, 2000, except as respect things done or omitted to be done before such supersession, the central government hereby ..... area needs proper cover in the hopper area to reduce odour / foul smell, a suitable odour control system / misting system (e.g carbon filters, etc) needs to be installed immediately, better material of construction and design could be employed to avoid corrosion problems and frequent shut downs, the space is too congested for capacity enhancement. ..... , at the relevant time, the mpcb was not issuing a separate consent to establish under the water act, 1974 or the air act, 1981 but was issuing a composite authorization to set up and operate across the state. ..... be sent for well designed landfill site(s). v. ..... 7 down of the plant, the tribunal further directed that the site in question might be used for the purpose of developing a bio-diversity park, for which purpose the site had been originally designated. .....