decree of mandatory
injunction directing the appellant to execute trademark and copyright
assignment in respect of certain trademarks including SAP SWISS/
.
24. Pending disposal ... regarding the mandatory
injunction directing the appellant to execute trademark and copyright
assignment in favour of respondent no.2 and his family members
[plaintiffs
suit raises several contentious issues including whether the
appellant had assigned his copyright in respect of the books in question in
favour of the respondent ... Whilst the respondent claims that the
appellant had assigned the copyright of the said books to it in terms of the
Signature Not Verified
Digitally
DELITE' is also an artistic work under the Copyright Act,
1957 (hereafter 'the Copyright Act '). It claimed that the said work ... August 2015, under the instructions of the appellant.
He had, thereafter, assigned the copyright and all rights in the art work
in the said packaging
Commercial Court referred to Section 19 of the
Copyright Act and held that no such assignment had taken place. The
learned Commercial Court also referred ... employees, in the course of their employment. Under
Indian Copyright Act 1957, the copyright in a work
created by an employee belongs to the employer
DELITE' is also an artistic work under the Copyright Act,
1957 (hereafter 'the Copyright Act '). It claimed that the said work ... August 2015, under the instructions of the appellant.
He had, thereafter, assigned the copyright and all rights in the art work
in the said packaging
determined by
the Copyright Board.
(3) Copyright shall not subsist by virtue of this Act in
any work in which copyright did not subsist immediately ... Page 27 of 32
(a) in any case where copyright in the work was
wholly assigned before the commencement of
this Act, the assignee
Luxembourg Brands S.A R.L & Anr vs G.M Pens International Pvt Ltd
servants, employees, representatives, successors, family members
and assigns from infringing/ offending or violating the plaintiff's
copyright in its original literary and artistic works ... partners, servants, employees, representatives, successors, family
members and assigns from carrying out any business containing
the copyright materials belonging to the plaintiff, being the said
Plaintiff having withdrawn its
application before the Copyright Board for re-registration as a
Copyright Society, it is now irreversibly committed to its
present status ... able to administer the
copyrights in question as a Society. It now claims to have
either an assignment or a license for those very works
Plaintiff's case is essentially not one of
infringement of copyright but one for enforcement of a non-compete
clause. The Plaintiff claims that ... premised on the basis
of clause 4 of the Confidentiality and Invention Assignment Agreement.
However, a closer examination of the aforesaid clause indicates that there
