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1 - 10 of 15 (0.34 seconds)The Copyright Act, 1957
Section 479 in The Indian Penal Code, 1860 [Entire Act]
Cryogas Equipment Private Limited vs Inox India Private Limited on 8 March, 2022
In fact, in the recent decision Cryogas Equipment (P) Ltd. vs. Inox India
Ltd. (Supra) where the overlap between the Copyright Act 1957 and the
Designs Act, 2000 was in issue, the Hon'ble Supreme Court has not only
exhaustively gone into the interpretation of "design" by the English Courts
and the US Courts but after going into a review of the authorities
acknowledged that the term design has been extensively interpreted by
English Courts, considering that the expression was pari materia with the
definition consecrated in the Indian context and are of highly persuasive
value. In this background, the outright rejection of foreign decisions in the
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impugned orders as also in the UST Global decision is misconceived and
erroneous.
Ust Global (Singapore) Pte Ltd vs The Controller Of Patents And Designs ... on 20 March, 2023
22. For the above reasons, once the specific features, that is shape,
configuration, pattern, ornamentation etc. are applied to an article and
meant for industrial purposes it becomes a design and is no longer an
artistic work. GUI as a design does not create dual protection because the
legal character of a GUI when integrated and industrially applied to an
article differs from a standard artistic work or a computer programme.
This would require examination on a case to case basis.
UST Global (Singapore) vs. Controller of Patents and Designs
Section 15 in The Copyright Act, 1957 [Entire Act]
Microsoft Corporation vs Azure Knowledge Corporation Pvt. Ltd on 9 August, 2023
In support of such contentions reliance was placed on
Cryogas Equipment Private Limited vs Inox India Ltd 2025 SCC Online SC
780, Samsung Electronics Co. Ltd. vs. Apple Inc 137 S.Ct.429, Microsoft
Corporation vs. Corel Corporation 5:15-cv-05836-EJD, K.K.Suwa Seikosha's
Design Application [1982] R.P.C. 166, In re: Hruby 54 C.C.P.A. 1196.
Construing "article" and "design"
M/S. Selvel Industries And M/S. Sear ... vs M/S. Om Plast (Indian) on 1 July, 2016
To
this extent, any reliance on Selvel Industries vs. Om Plast (India) 2016 SCC
OnLine Bom 6495 is misplaced. In the said decision, the Court had not
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placed any such restrictive meaning on the words industrial process
(Paras 21 to 23).
State Of Punjab & Ors vs M/S. Amritsar Beverages Ltd. & Ors on 8 August, 2006
11. In interpreting the Act, one should apply the principles of updating
construction which suggests a construction which takes into account
relevant changes which have occurred since the enactment was made.
This would require analyzing the nature of the particular Act and taking
into account the relevant changes in modern day technology. In such
cases, legislature intended that the Court's interpretation takes into
account advancements which have occurred since the enactment of the
legislation. In the light of the above, the term industrial process must be
interpreted to take into account technical and scientific advancements.
Moreso, while interpreting intellectual property legislation which are
fundamentally linked to such developments. [Bennion on Statutory
Interpretation 7th Edition at paragraphs 409-424 and State of Punjab vs.
Amritsar Beverages Ltd. and Ors. (2006) 7 SCC 607 at paras 14 and 15].