Plaintiff No. 1 in which the copyright subsists in favor of the
Plaintiff.
38. Section 2(o) of Copyright Act, 1957 defines literary work ... computer databases. Section 13 (1) (a) provides that copyright shall
subsist in the original literary work and under Section 14(b) in case of
computer
number of infringement hits had
been recorded and collated in the Exalead database which is available with
the plaintiff.
15. Plaintiffs claim that the defendants ... that the defendants have infringed
the copyrighted SOLIDWORKS software program of the plaintiff on 7
computers at infringement database (Exalead Portal). This finding can also
case.
15. Since the order and/or decision of the Registrar of copyright
cannot be sustained for the aforesaid reasons, the same is required ... copyright of the respondent no.1 is set aside. The Registrar of copyright
is directed to remove from the database and the register of copyright
example of Taxmann-
Taxman Appellant's database
Its online database contains publicly The Appellant's database contains
available information such as bare publicly ... without appreciating that the receipt is for the use of copyrighted article and not
copyright and hence cannot be taxed in India
DTAA. Granting access to the database would
clearly not amount to a transfer of a right to use a copyright.
We must bear in mind
from databases already available in the
public domain. The assessee ostensibly provides access to information forming part
of existing databases. No material is available ... granted access
to online database. By way of illustration, we may observe that various law journals
have created online database by collating judgments/orders
Plaintiff's database. It is the Plaintiff's case that such acts constitute
infringement of the Plaintiff's copyright and misappropriation
Plaintiff has all
the rights granted under Section 14(d) of the Copyright Act, 1957 (hereinafter
referred to as "the Act") in such ... plaintiff's copyright under the
Act.
13. Plaintiff claims that IMDb is a legitimate website that functions as an
online database of information relating
entered into
agreements with Indian customers for providing access to online database
and expecting to derive revenue from Indian customers, which is not
chargeable ... provides access to standardized database which is in the nature
of subscription made to a journal and no part of copyright is transferred
Whether the plaintiff has a copyright in its a) manufacturing
process/technical knowhow; b) lists and database of prospective
customers, architects and interior designers ... Court lacks jurisdiction in view of Section 62(2) of
the Copyright Act, 1957? OPD
(vii) Whether the plaintiff is guilty of suppression of material
