Search Indian IP Case Law
Judgments of the Supreme Court and the High Courts on patents, trade marks, copyright, designs and geographical indications — organised by Act and section, each with a link to the judgment on the court’s website.
4 results
for “Substantial Similarity”
MRF Limited v. Metro Tyres Limited
Copyright in a cinematograph film under Section 13(1)(b) of the Copyright Act, 1957 is not defeated by the absence of the kind of originality required for literary or artistic works, and infringement under Section 14(d) is establi…
Cinematograph FilmComparative AdvertisingCopyright InfringementOriginalityCopyrightOpella Healthcare Group v. Pureca Laboratories Pvt Ltd (Copyright)
A defendant cannot defend a copyright infringement suit on the basis of a registration that has been cancelled by an unchallenged rectification order which found the artistic work to be a copy of the plaintiff's pre-existing get-u…
Artistic WorkColourable ImitationCopyright RectificationLabel DesignCopyrightR.G. Anand v. M/s Delux Films & Ors.
Copyright protects only the particular form of expression of an idea, theme, subject matter or plot, and never the idea itself. Substantial similarity of theme between two works is not infringement if the treatment, incidents and …
Copyright InfringementDramatic WorkIdea-Expression DichotomyOriginalityCopyrightYash Raj Films Pvt. Ltd. v. Sri Sai Ganesh Productions & Ors.
The idea-expression dichotomy protects only a generic theme and not its particularised expression; where a subsequent film reproduces the specific sequence of plot events, character arcs and dramatic situations of an earlier film …
Cinematograph FilmCopyright InfringementFilm And OTT ContentIdea-Expression Dichotomy