copyright in an
original work and a copyrighted article, and that this was recognised in
section 14(b) of the Copyright Act, which refers ... without a licence would amount to infringement of copyright. Further,
section 58 of the Copyright Act regards infringing copies of any work as
the property
Section 52 in The Copyright Act, 1957
52. Certain acts not to be infringement of copyright.—
(1) The following acts shall not constitute an infringement ... copyright, namely: (a) a fair dealing with any work, not being a computer programme, for the purposes of— (i) private or personal use, including research
included in clauses (a), (b), (d) and (e) of section 14 of the Copyright Act, 1957.
The language employed in clause (v) of Explanation ... copyright "computer software" is different from copyright in any
"book" though both are literary works under the Copyright Act, 1957 .
Therefore
Section.
25. Dr. Singhvi referred to Section 25 of the Trade Marks Act as also
Section 25(i) and (ii) of the Patents Act , which ... Act into a compulsory licence under Section 31 thereof. Mr.
Gupta contended that since Section 31(1)(b) of the Act contemplates
adjudication, the Copyright
sought the
intervention of the Registrar of Copyrights for action under
Sec. 53 of the Copyright Act, 1957. This provision enables
the Registrar, after making ... Copyright and Sections 44 to 50 with
Registration of Copyright. Sections 51 to 53 deal with
infringement of Copyright.
Sec, 51 states when Copyright
Section 57 in The Copyright Act, 1957
57. Author's special right.-
(1) Independently of the author's copyright and even after the assignment either ... computer programme to which clause (aa) of sub-section (1) of section 52 applies. Explanation.— Failure to display a work or to display
under this Part. (1A) Save as otherwise provided in section 52 of the Copyright Act, 1957, if any person contravenes the provisions of section ... under section 6AA or section 6AB shall not be prevented from taking suitable action for an infringement under section 51 of the Copyright Act
original literary work of the
appellants in which copyright subsists under Section 13 of
the Copyright Act, 1957 (hereinafter referred to as the
Act ... person, is an infringement of the copyright in SCC within
the meaning of Section 51 of the Act.
3. The defendant-respondent No. 2 Spectrum
passing off was not excluded,
under Section 53 of the Designs Act, 1911 (present Section 22 Designs Act
2000), there is no other discussion ... Trademarks Act , in particular, Sections
11(3)(a) and Section 27(2) , Section 134 and 135 of the Trademarks Act.
12.5 It was contended that
Section 39 in The Copyright Act, 1957
39. Acts not infringing broadcast reproduction right or performer's right.-
No broadcast reproduction right or performer ... necessary adaptations and modifications, which do not constitute infringement of copyright under section 52
