present case. They arise in the following factual
scenario. The plaintiffs alleges piracy, by the defendant, within the
Signature Not Verified
CS(COMM) 30/2022 ... also, prima facie, distinguish the impugned design of the
1
22. Piracy of registered design. -
(1) During the existence of copyright in any design
held that a minor variation cannot be
treated as a shield from piracy, relying on the judgment of the
Supreme Court of Canada in Free ... insubstantial variation,
so as to accuse the Defendant of infringement and piracy.
18. Insofar as the law on the subject is concerned, in my view
Sotefin Sa vs Indraprastha Cancer Society And ... on 17 February, 2022
Author: Sanjeev Narula
Bench
Section 22 of the Act grants protection to the registered design
against piracy thereof. Sub-Section (3) of Section 22 of the Act states that ... suit or any other proceeding for relief against piracy of the
registered design, every ground on which the registration of a design may
be cancelled
coincidences by themselves cannot lead to an
irresistible inference of plagiarism or piracy. Take for
instance the great poet and dramatist Shakespeare
most of whose ... however must be taken to see whether the
defendant has merely disguised piracy or has actually
reproduced the original in a different form, different
tone
further held as under:
"29. It is important to realise that piracy reduces
jobs, exports and overall competitiveness in
addition to standards of living ... nation and its
citizens. More directly, online piracy harms the
artists and creators, both the struggling as well as
the rich and famous, who create
question of appointment of a
Local Commissioner in software infringement and piracy
matters is not as much to collect evidence but to preserve and
protect ... question of appointment of a Local Commissioner in
software infringement and piracy matters:- (i) The object of
appointment of a Local Commissioner in software piracy
both from the coast guard and DG Shipping about a
piracy attack on the subject vessel MSV Sea Queen. The query
was made at about ... sailing vessel MSV sea
queen is safe and there is no piracy attack on my
vessel.
I have already inform the coast guard
(indsan@vsnl
once lead to a conclusion that
Defendant is guilty of act of piracy.
CONTENTIONS ON BEHALF OF THE DEFENDANT
34. Defendant is a private limited ... coincidences by
themselves cannot lead to an irresistible inference of
plagiarism or piracy. Take for instance the great poet and
dramatist Shakespeare most of whose
titled "LEGAL PROCEEDINGS"
and prescribes what constitutes piracy/infringement of
registered design. The same is reproduced hereunder:
"22. Piracy of registered design ... design.
25. Section 22(1) of the Act defines what constitutes
piracy of a registered design. Under the Act , the use of
either the registered