Category: Copyright Infringement

Infringement Of Copyright Is A Bailable Offence Vis-À-Vis Section 63 Of The Copyright Act, 1957

In “State Govt. of NCT of Delhi vs. Naresh Kumar Garg” [1], the Hon’ble High Court of Delhi threw light upon the question as to whether the offence punishable under Section 63 of the Copyright Act, 1957 is bailable or non-bailable. State Govt. of NCT of Delhi vs. Naresh Kumar Garg Parties & Brief Facts: … Continue reading Infringement Of Copyright Is A Bailable Offence Vis-À-Vis Section 63 Of The Copyright Act, 1957

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Physical Copy Doctrine versus the “Substantiality” Dictum

When it comes to the issue of copyright infringement of cinematograph films, there exist two schools of thought. One school believes that as far as cinematograph films are concerned, Section 14(1)(d) of the Copyright Act only protects the exact carbon copy of the work and not the contents in it.  They argue that in lieu … Continue reading Physical Copy Doctrine versus the “Substantiality” Dictum

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Khurana & Khurana Opens Jalandhar (Punjab) Office

Khurana & Khurana, Advocates and IP Attorneys (K&K) along with its IP Asset Management Practice, IIPRD, are happy to announce that they are expanding to Punjab and opening up their new branch Office in Jalandhar,  w.e.f *insert date*, in wake of its growing Intellectual Property (IP) and Commercial Litigation Practice, and with an intent to … Continue reading Khurana & Khurana Opens Jalandhar (Punjab) Office

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Parody: Fair Use or Infringement?

Parody is an imitation of someone else’s work with a view to ridicule or criticize such work. Since parody is an imitation, does it amount to copyright infringement of the owner’s original work? How do laws protect the right of copyright owner along with the parodists? It is a general principle that no copyright lies … Continue reading Parody: Fair Use or Infringement?

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Interplay of section 51 and 52 of the Copyright Act, 1962: Delhi High Court judgement

This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon’ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962. This case tries to draw the line between the rights of the author, publishers of the work and competing rights of society. The case … Continue reading Interplay of section 51 and 52 of the Copyright Act, 1962: Delhi High Court judgement

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Trademark/ Copyright and Patents Suits/ Civil Proceedings: Why Non-uniformity in Jurisdictions Available to Plaintiffs?

Section 62 of the Copyright Act, 1957, Section 134 of the Trademark Act, 1999, Section 104 of the Patents Act, 1970 and section 20 of Code of Civil Procedure (CPC), 1908 govern the applicable jurisdiction to file suits/ civil proceedings in case of Copyright, Trademark and Patent disputes. These sections have been reproduced below: For … Continue reading Trademark/ Copyright and Patents Suits/ Civil Proceedings: Why Non-uniformity in Jurisdictions Available to Plaintiffs?

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Analyzing the Applicable Jurisdiction for Trademark and Copyright Disputes

Years 2015 and 2016 have been very important in terms of what they have offered to bring clarity on the jurisdiction where suits/ civil proceedings related to Trademark and Copyright can be instituted. IIPRD has written one article discussing some of these cases. Intent of the instant article is not to discuss facts of those … Continue reading Analyzing the Applicable Jurisdiction for Trademark and Copyright Disputes

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Online Copyright Infringement and Its liability Upon Intermediary

Copyright is a bundle of rights which is meant to encourage creativity. In ancient days creative persons worked for fame and recognition rather than to earn a living, thus, the question of copyright never arose. In the last four decades modern and advanced means of communication like broadcasting, litho-photography. Television, websites contents etc have made … Continue reading Online Copyright Infringement and Its liability Upon Intermediary

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Criminalizing online sharing of Academic Article by a Columbian Student

Background Diego Gomez is a student perusing post graduation in Conservation and Wildlife Management in Costa Rica. Like students of developing countries, he also used to face lack of availability of literature in the libraries and other sources of reading. To face this scarcity of academic databases, Diego, used the power of internet. It enabled … Continue reading Criminalizing online sharing of Academic Article by a Columbian Student

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Monkey Selfie-Legal Aspects

Background David J. Slater is a British wild life photographer from Gloucestershire who ventured to an Indonesian jungle in 2011 to take photos of extremely rare crested black macaque monkeys. As he narrated the story to the telegraph, he told “They were quite mischievous, jumping all over my equipment and it looked like they were … Continue reading Monkey Selfie-Legal Aspects

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