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IP Case Law › Copyright › Krishika Lulla & Ors. v. Shyam Vithalrao Devkatta & Anr.

Copyright Ragulika IP case note

Krishika Lulla & Ors. v. Shyam Vithalrao Devkatta & Anr.

CourtSupreme Court of India
BenchHon'ble Justice Madan B. Lokur and Hon'ble Justice S.A. Bobde
Case numberCriminal Appeal Nos. 258-259 of 2013
Citation(2016) 2 SCC 521
Judgment date15 October 2015
IP categoryCopyright
PartiesKrishika Lulla & Ors. (Appellants) v. Shyam Vithalrao Devkatta & Anr. (Respondents)

Relevant Acts and provisions

Copyright Act, 1957

Section 13(1)(a)

Provisions considered: Section 13(1)(a) of the Copyright Act, 1957, on whether copyright subsists in the title of a literary work.

Brief facts

The respondent claimed to have authored a synopsis under a particular title and sent it to associates of the appellants years before the release of a Hindi film bearing a nearly identical title. On learning of the film, he filed a criminal complaint alleging copyright infringement of his synopsis, and a Magistrate took cognizance.

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Keywords

Copyright Infringement Idea-Expression Dichotomy Literary Work Originality Passing Off

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