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.
22 results
Amar Nath Sehgal v. Union of India & Anr.
The special or moral rights of an author under Section 57 of the Copyright Act, 1957 are independent of the economic rights of copyright and survive assignment of the work; they protect the author's personality, honour and reputat…
Artistic WorkAssignment And LicensingCultural HeritageIntegrity RightCopyrightANI Media Pvt. Ltd. v. Open AI OpCo LLC
An Indian court has jurisdiction if the plaintiff's principal place of business is in India, or if the defendant targets Indian users, even when the defendant's servers are located abroad. Even temporarily storing a copyrighted wo…
Artificial IntelligenceCopyright Fair DealingCopyright InfringementJurisdictionCopyrightCryogas Equipment Private Limited & Anr. v. Inox India Limited & Ors.
Whether an artistic work is a design capable of registration under Section 2(d) of the Designs Act, 2000, so as to lose copyright protection under Section 15(2) of the Copyright Act, 1957 upon industrial reproduction beyond fifty …
Artistic WorkCopyright Design OverlapFunctionalityIndustrial ReproductionCopyrightDAZN Limited & Anr. v. Back.methstreamer.com & Ors.
Websites that are substantially and primarily dedicated to unauthorised communication to the public of exclusively licensed broadcasts may be restrained by a permanent, whole-site injunction under Section 37 of the Copyright Act, …
Broadcasting RightsCopyright InfringementDigital PlatformsDynamic InjunctionCopyrightDr. Ashok M. Bhat v. Harichand Nagpal & Ors.
An injunction against use of a registered artistic work follows the artistic work onto any label, not merely the one impugned in the plaint. In Order XXXIX Rule 2A proceedings justification is no defence: so long as an order stand…
Contempt of InjunctionCounterfeitingExemplary CostsOrder XXXIX Rule 2ACopyrightEastern Book Company & Ors. v. D.B. Modak & Anr.
Copyright in a derivative or compiled work requires the exercise of some minimum degree of creativity through the application of skill and judgment, and not merely labour and capital expended in copying. Inputs that involve only m…
Copyright InfringementLiterary WorkOriginalityPublic DomainCopyrightEntertainment Network (India) Ltd. v. Super Cassettes Industries Ltd.
An offer to license copyrighted broadcasting rights on unreasonable terms constitutes a refusal under Section 31(1)(b) of the Copyright Act, 1957, and the existence of one voluntary licence does not bar the Copyright Board from gr…
Broadcasting RightsCompulsory LicenceCopyright BoardMusic And Sound RecordingsCopyrightIndian Performing Right Society Ltd. v. Eastern India Motion Pictures Association & Ors.
Where music or lyrics are composed for a cinematograph film by an engaged composer or lyricist for valuable consideration, the film producer becomes the first owner of copyright in that contribution under Section 17 and thereby ac…
Assignment And LicensingCinematograph FilmCopyright SocietyFirst OwnershipCopyrightKrishika Lulla & Ors. v. Shyam Vithalrao Devkatta & Anr.
The title of a literary, dramatic or cinematographic work, being ordinarily a short combination of common words, is not by itself a work in which copyright can subsist under Section 13(1)(a) of the Copyright Act, 1957, since it la…
Copyright InfringementIdea-Expression DichotomyLiterary WorkOriginalityCopyrightMRF 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 InfringementOriginality