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.
10 results
for “Royalty”
Dev Sahitya Kutir Pvt. Ltd. v. Smt. Archana Debnath & Anr.
In a copyright infringement suit, an interim injunction should normally follow once a prima facie case is shown, and an appellate court will not substitute its view where the trial court has taken a possible view on the pleadings.
Copyright InfringementInterim InjunctionLegal HeirsLiterary and Artistic WorksCopyrightEngineering Analysis Centre of Excellence Private Limited v. Commissioner of Income Tax
A licence to use a copy of software, or to resell it, without transferring any of the rights in Section 14 of the Copyright Act, does not amount to the use of or right to use copyright; payments for it are not royalty under the DT…
Copyrighted ArticleDistribution AgreementsEnd-user Licence AgreementRoyaltyCopyrightEntertainment 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 OwnershipPatentsK.K. Bansal v. Koninklijke Philips Electronics N.V.
A patentee claiming damages for infringement of a standard-essential patent must prove infringement through evidence tested at trial and must prove that its royalty rate is FRAND, ordinarily through comparable licences; exhaustion…
DamagesFRANDPatent ExhaustionPatent InfringementPatentsKoninklijke Philips N.V. v. Maj. (Retd.) Sukesh Behl & Anr.
A defendant cannot avoid liability for infringing a standard essential patent by pointing to the existence of obligations to license on fair, reasonable and non-discriminatory terms; once essentiality and infringement are establis…
DamagesFRANDPatent InfringementSection 3(k)PatentsNokia Technologies OY v. Guangdong Oppo Mobile Telecommunications Corp. Ltd. & Ors.
Where an implementer has previously licensed a patentee's SEPs and continues to use them after the licence expires, the court may direct a pro-tem deposit pending trial, measured by reference to the last paid royalty attributable …
Expired LicenceFRANDPro-tem SecurityStandard Essential PatentPatentsTelefonaktiebolaget LM Ericsson (Publ) v. Intex Technologies (India) Ltd.
In disputes over standard essential patents, an implementer who negotiates without genuine intent to license while continuing to exploit the patented standard is an unwilling licensee, and courts may order interim security, includ…
FRANDInterim InjunctionPatent InfringementStandard Essential PatentPatentsTelefonaktiebolaget LM Ericsson (Publ) v. Lava International Ltd.
An implementer that fails to negotiate in good faith may be treated as an unwilling licensee and held liable for damages equal to the FRAND royalty on standard-compliant end products, assessed primarily from comparable licences.
Comparable LicencesDamagesFRANDPatent InfringementCopyrightTips 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