Act shall not prevent a copyright owner from exercising its rights under the Copyright
Act . If the legislature intended to make an exception ... copyrighted works have
entered into voluntary license schemes to legally distribute copyrighted works.
30. Emphasis is placed on Section 16 of the Copyright Act, which
expression "copyright in any design" used in Section
15(2) means the copyright as understood under the Copyright
Act , and not under ... Under the Designs Act , a copyright has a different
connotation from a copyright under the Copyright Act . Under the
Designs Act , copyright means the exclusive
copyrights have been first published in a country included
in the first schedule of the International Copyright order, 1991 and therefore, under the
Copyright Act ... Act", and therefore, an "infringing
copy". The act of importing such an infringing copy would be an act of infringement of
copyright
brooches, etc. The House of Lords drew a distinction between copyright
under the Copyright Act on the one hand, and "design copyright" under ... Under the Designs Act , a copyright has a different connotation
from a copyright under the Copyright Act . Under the Designs Act ,
copyright means the exclusive
class in which design is registered. ‚Copyright‛ in Section 14 of the
Copyright Act is defined to mean an exclusive right to authorize the doing ... Section 15 of the Copyright Act mandates that copyright subsists
under the Copyright Act in any design, which is registered under the
Designs Act
merge‟ the separate
copyrights in each work. In other words, by combining separate and distinct copyrights, the
individual copyrights are not extinguished. Reliance is placed ... 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
enacted. Common law
rights under copyright law were held to be abrogated by Section 31 of the
previous Copyright Act, 1911. The appellants also contended ... claim fell within the area of copyright
protection. This is similar to Section 16 of the Indian Copyright Act, 1957.
The appellants also relied
Copyright Act,
1957 read with section 22 of the Designs Act, 2000 restraining infringement of registered design,
copyright and passing off by the defendant ... that the artistic works, in
which copyright proprietorship is claimed, are not protectable under the Copyright Act , since the
main or dominant feature
copyrighted right".
6. The assessee also relied on the definition of "copyright" under Section
14 of the Indian Copyright Act ... copyright license. True, "copyright" is not defined; yet
what works are capable of copyright protection is spelt out in the Copyright
contained in section 20 of the CPC, section 62
of the Copyright Act and section 134 of the Trade Marks
Act, and the object with ... Copyright Act and the Trade Marks Act provided under
the aforesaid provisions.
23. The provisions of Section 62(2) of the Copyright
Act and Section
