granted in its terms; if however, an extremely wide copyright
protection to DNA sequence database were granted, that would defeat and undermine
Parliamentary intent ... amount to
copyright. Indian law has recognized that compilation of databases is entitled to copyright
protection. However, that would not end the debate
plaintiff's copyright.
(5) A few provisions of the Copyright Act 1957, as amended by the Copyright (Amendment ... copyrightable as fact works. In theory, copyright and trade secret law protect different elements of compiled business data, with copyright protecting the expression in these
general database converts it into a structured and
quality controlled specific database analogous to a general physical
library. Thus, he observed that the database ... copyrighted
material rather than for the use of copyright. The distinction
between the copyright and copyrighted article has been very
well pointed
Copyright Act, 1957 . The plaintiff has got
copyright in the said information, data and other related
materials under Section 13 of the Copyright ... Copyright Act."
20. It is the case of the defendants that there can be no
copyright in customer database, accounts information, airway
drawings, airway
copyright works were created by the appellant's employees
and therefore, the appellant is the first owner of copyright in
these test databases ... these are original works entitled to
protection under the Copyright Act, 1957 . The test
23
databases contain extensive test results and an
illustrative extract
copyrighted
material rather than for the use of copyright. The
distinction between the copyright and copyrighted article
has been very well pointed ... reasoning inasmuch as the payment was not for
use of copyright of literary database but only for access to
the literary database under limited
copyrighted
material rather than for the use of copyright. The
distinction between the copyright and copyrighted article
has been very well pointed ... reasoning inasmuch as the payment was not for
use of copyright of literary database but only for access to
the literary database under limited
alleged copyright. It is
contended that the plaintiff, which is a juristic person, cannot be the owner
of the copyright in the databases alleged ... pleaded. The plaintiff, save for repeatedly referring to databases has not
specified as to what those databases pertain to and what is the contribution
infringement which is the doctrine derived from
US law.
32. Within Copyright, in infringement matter in the case of Amar
Nath Sehgal 's case ... which was a case relating to infringement of copyright in a
database/ compilation made on web, this Court has created a peculiar
rule of assessing
database.
4. The plaint asserts that this database constitutes an original
"literary work" in terms of the Copyright Act, 1957 . Prima facie, this ... Copyright Act, 1957, which reads
thus:
" Section 2(o) : "literary work" includes computer
programmes, tables and compilations including computer
databases
