19 May 2016
Bombay High Court has held that copyright issues that arise out of an agreement between parties are subject to arbitration, provided the arbitration clause in the agreement encompasses the same. The court while allowing the matter for arbitration, observed that Section 62 of the Copyright Act, 1957 and Section 134 of the Trademarks Act, 1999 d...
27 April 2016
Delhi High Court has declined to grant injunction against infringement of copyright in drawings and sketches for dresses when the dresses were created more than 50 times using said design which was not registered under Designs Act. Plaintiff’s contention that once copyright artistic work is excluded from the definition of a design under Sectio...
22 August, 2014
Allahabad High Court has quashed the order granting injunction restraining the defendants-appellants (Apex Laboratories Pvt. Ltd.) from using the “green dot” on the label of the packaging of its product “Zincovit Syrup”. The court in this regard held that green dot inside a square outlined by green colour is a symbol for which copyright cannot be claimed by anybody as the symb...
26 May, 2014
Drawing/design which is an artistic work under the Copyright Act, as also under the Designs Act, 2000, if not registered under the latter Act, will have protection under the Copyright Act only till the design is used not more than 50 times by an industrial process to produce an article. Deliberating on provisions of Section 15(2) of the Copyright Act, 1957, the Delhi High Court i...
By Aastha Aggarwal and Konpal Rae
The registration of designs in India is governed by the Designs Act, 2000, which was made effective from May 11, 2001, and the Design Rules, 2001. As per the Act, a design registration protects the features of shape, configuration, pattern, ornamentation or composition of lines or colors applied to articles. Since a design registration seeks to...
By Jasneet Kaur & Sarita Rout
The High Court of Madras, in a recent decision in the matter of Standard Corporation India Inc., v. Tractors and Farm Equipment Ltd [see end note 1]., had an occasion to consider the popular issue of interface between copyright and design protection in case of an artistic work.
Tractors & Farm Equipment Ltd. (hereinafter referred to as “TAFE”) filed a suit for ...
By Vindhya Srinivasamani & Subhash Bhutoria
Deciding an appeal [ see end note 1 ], the Division Bench of the Delhi High Court has set aside the Single Judge's decision [ see end note 2 ], which recognized the popular "Hot News" doctrine and quasi-proprietary rights in the information emanating from cricketing events and held that the publication of scores and ball-by-ball update ...
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