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.
6 results
for “Assignment”
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 RightTrade MarksAshiana Ispat Limited v. Kamdhenu Limited & Ors.
A mere contractual promise to let someone adopt and use a mark is not the same as transferring ownership, where the contract makes ownership conditional on registration. Non-use of a mark for decades defeats a claim to common-law …
AssignmentDiscretionary OrderInterlocutory InjunctionLicenceCopyrightIndian 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 OwnershipCopyrightNajma 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 WorkCopyrightSaregama 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 WorksCopyrightTips 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 Recordings