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
My Space Inc. v. Super Cassettes Industries Ltd.
An internet intermediary hosting user-generated content is not liable for copyright infringement merely because its business model derives revenue from such content or because it performs format-shifting or indexing; it forfeits t…
Copyright InfringementDigital PlatformsIntermediary LiabilityOnline InfringementCopyrightNajma Heptulla v. Orient Longman Ltd. & Ors.
A work of joint authorship under Section 2(z) of the Copyright Act, 1957 arises where the contribution of one author is not distinct from that of another and the two are merged into a single, unitary work; a person who gives indep…
Assignment And LicensingCopyright OwnershipJoint AuthorshipLiterary WorkCopyrightOpella 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 DesignCopyrightPreity G. Zinta v. Google LLC & Ors.
When someone uses AI to create deepfakes or morphed content that distorts or alters how a performer's actual performance looks or sounds, without her consent, this violates her moral rights under Section 38-B of the Copyright Act.…
AI DeepfakesIntermediary LiabilityMoral Rights of PerformersPersonality RightsCopyrightR.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 DichotomyOriginalityCopyrightSanjay Soya Pvt. Ltd. v. Narayani Trading Company
Copyright registration under the Copyright Act, 1957 is not mandatory to institute or maintain a suit for infringement; copyright subsists automatically in an original work upon its creation, and Sections 44, 45 and 48 merely crea…
Artistic WorkCopyright InfringementCopyright RegistrationEvidentiary PresumptionCopyrightSaregama India Ltd. v. Black Madras Films & Ors.
Copyright in a musical composition is distinct from copyright in the sound recording and cinematograph film in which the composition is incorporated. The composer, as author of the musical work, retains copyright in the musical co…
Assignment of RightsCinematograph FilmComposerLiterary and Musical WorksCopyrightThe Chancellor, Masters and Scholars of the University of Oxford & Ors. v. Rameshwari Photocopy Services & Ors.
The exception under Section 52(1)(i) of the Copyright Act, 1957 for reproduction in the course of instruction is a substantive, purpose-based exception furthering access to education and is not confined by rigid quantitative fair-…
Access To EducationCopyright InfringementEducational ExceptionFair DealingCopyrightTips Industries Ltd. v. Wynk Music Ltd. & Anr.
The statutory licence for broadcasting under Section 31D of the Copyright Act, 1957 is confined to conventional, non-interactive radio and television broadcasting and does not extend to internet-based streaming or download service…
Assignment And LicensingBroadcasting RightsDigital PlatformsMusic And Sound RecordingsCopyrightUniversal City Studios LLC & Ors. v. DotMovies.Baby & Ors.
Where rogue websites persistently pirate copyrighted content and reappear under mirror or alphanumeric-variant domain names, a court may grant a dynamic injunction that extends, without a fresh suit, both to future mirror or redir…
Copyright InfringementDigital PlatformsDynamic InjunctionFilm And OTT Content