06
Jun
2019
special rights under Copyright Act V/S the constitutional right under article 300A.
During a recent Delhi High Court judgement, the "author's special rights" in the Indian Copyright Law( section 57) has been extensively debated and the ruling did not favor the said special rights(moral rights of the author).
The Hall of Nations building in New Delhi was designed by an architect and earned an huge repute as an icon. The Indian Trade Promotion Organisation(ITPO) proposed to demolish the structure in order to build "exhibition cum convention centre". The architect filed a suit against the ITPO claiming that this act has affected the "special rights" of the architect as per the sec 57 of the Indian Copyright Act. Special Rights, in the Indian context, provides authors' attribution and subsists with the author over and above the economic rights regardless of the fact that author might have assigned or transferred such rights.
However, the court categorically rejected the plaintiff's claims(the architect) and passed the decree in the context of conflict of two different rights that is to say the author's rights(under section 57) and landowner's rights with regards to their property. Court observed that the plaintiff by way of preventing the destruction of building by the defendant, it would amount to the restriction of the later's right to deal freely with their property. Further the court held that the plaintiff's rights were statutory rights while that of the defendant was a constitutional right, which must prevail over the statutory rights. Court also relied upon Section 52(1)(x) with regards to the reconstruction of the building or structure in accordance with the architectural drawings by reference to which the building or structure was originally constructed. Accordingly court furthered that "reconstruction" can primarily occur only if the building has been previously demolished.
The suit was dismissed by the court of the grounds of no cause of action.
For more details write to us at info@trademark.in or call us on 25324718/25321444.
More news
13
Jun
2020
AMADAY vs. ANADAY...
Delhi High Court Ajanta Pharma Ltd. (Plaintiff) vs Zuventus Healthcare Ltd.(Defendant). Plaint...
13
Jun
2020
Sharing of e-paper PDF….. ...
The Newspaper industry, during recent times highlighted the plight of forwarding the “e-newspa...
11
Jan
2020
Indian pharma gaint wins aga...
In a fight over intellectual property rights with an Indian pharmaceutical company, an American ...
09
Jan
2020
A2B alleges trademark breach...
A Chennai based sweets and savouries major “Adyar Ananda Bhavan”(the Plaintiff) has moved th...
09
Dec
2019
Yet another breakthrough in ...
The Government has proposed robust plans in all the eight areas of Intellectual Property Rights,...
01
Dec
2019
Apple wins over Conversant i...
In a recent ruling by the English High court, Conversant's patent claiming early smartphone capa...
26
Nov
2019
DPIIT brings amendments in t...
The draft rules, namely, the Patent Amendment Rules, were published in the Gazette of India date...
22
Oct
2019
Nexgen app-L2Pro successfull...
Another great initiative in the field of digital platform is experienced with the launching of e...
16
Sep
2019
A mega boost to IP and Innov...
Indian economy is fundamentally based upon it’s Intellectual Property environment. India is wi...
05
Sep
2019
3 stripes Design branding is...
Well-known retail chain brand Adidas has filed opposition against the trademark application file...
05
Sep
2019
Titan files infringement sui...
The Delhi High court has asked Snapdeal to remove fake product listings on its website in respon...
08
Aug
2019
Madras High court grants per...
Upon filing an infringement suit for the misuse of their trademark ‘IDHAYAM’, the plaintiff ...
21
Jul
2019
Stringent test are required...
Sun Pharma Laboratories Ltd filed a suit of trademark infringement and passing off for it’s ma...
01
Jul
2019
CCD to raise it’s valuatio...
Major coffee retail chain Café Coffee Day(CCD) is seeking a valuation between 8 to 10 crores fr...
21
Jun
2019
Extreme draconian law and fo...
Stringent laws and collaborative enforcement are key to protect and enhance IPR in India, said f...
19
Jun
2019
Trademark: Setback for Ajant...
In a case of dispute between Sun Pharma Laboratories Ltd.(Plaintiff) and Ajanta Pharma ltd.(Defe...
19
Jun
2019
Kolhapuri gets the GI tag!!...
Like other Intellectual Property Rights, Geographical Indication(GI) also provides crucial righ...
27
Apr
2019
Various IP concerns looming ...
Among many countries, India has been on the "priority watch list" of US Trade Representatives al...
27
Apr
2019
PepsiCo offers to settle its...
American multinational had filed a suit against four farmers of Gujarat against misuse of their ...
26
Apr
2019
Copyright- Judicious Imitati...
Every year this day of 26th of April is celebrated as "World Intellectual Property Day" and ou...
25
Apr
2019
Agressive Measures By Compan...
A recent spurge has been seen in increase in the number of suits being filed by companies agains...
24
Apr
2019
Firm fined for dealing in sp...
Bombay High Court has imposed a fine of Rs. 5 crore upon a firm for selling specious carbon pipe...
23
Apr
2019
Just Dial Restrained From Us...
In a recent significant judgement by the Delhi High Court regarding the non-exclusive agreemen...
22
Apr
2019
HUL V/S Emami- A Case Of Gen...
The Indian cosmetics industry has experienced a major shift in the changing gender roles and the...
21
Apr
2019
Copyright is not a substitut...
Copyright of art work is not a substitute of trademark-Delhi High Court judgement. During ...
23
Jan
2019
European Union split over th...
Many delays being happening in the context of UK delaying Brexit and EU government is non-comm...
23
Jan
2019
Finally, comes Niti Aayog to...
The government on Monday constituted a standing committee headed by Niti Aayog to oversee drug p...
11
Nov
2018
Sony Corporation (Plaintiff)...
The present suit was filed by the plaintiff for permanent injunction restraining infringement of...
11
Nov
2018
Christian Louboutin Sas(Plai...
Plaintiff claims to be a manufacturer of luxury shoes. Plaintiff claims that their name, likenes...
22
Oct
2018
Ranbaxy Laboratories Ltd. (T...
The plaintiff, a well known pharmaceutical company, manufactured anti-depressant by the name CAL...
22
Oct
2018
Royalty to singers for playi...
If everything goes by as planned by the Indian Performing Rights Society(IPRS), organisers playi...
30
Jul
2018
Gillette Company LLC vs. Tig...
Psychological interpretation versus the traditional approach of phonetic and visual similarity...
30
Jul
2018
India accedes to the WIPO Co...
The Union cabinet has approved to the accession of WIPO Copyright (WCT) and WIPO Performance and...
30
Jul
2018
UK to convert EU trademarks ...
In a significant move by the UK Government, it will convert all the existing EU trademarks and d...
11
Apr
2018
Hard Hitting ---- Stringent ...
The current event tumbling up in terms of threat to the countries assets is an alarming one....
24
Feb
2018
Licensing of IP…. a smart ...
Significance of IP as a use by third party is gaining more prominence in the era of internet, in...
20
Feb
2018
Springing of Invention……...
Inventions have spearheaded development in any economy. Any inventions whether in the field of ...
15
Feb
2018
Indian IPR is attracting the...
A mega boost for India's ranking in the US chamber Intellectual Property index: A significan...
03
Feb
2018
Mergers- henceforth cannot b...
The recent budget has stopped the games played by the corporate who are into money laundering an...
03
Feb
2018
Government focuses on ease h...
The Department of Industrial Policy and Promotion, through Centre for promotion of IPR and M...
26
Jan
2018
Grumpy cat wins $710,000 in ...
A feline who became an internet meme has won $710,000 in court recently. It was a battle under t...
25
Jan
2018
McDonald's joint venture com...
McDonald’s move to terminate the franchise agreement with Connaught Plaza Resturants Pvt.Ltd. ...
30
Nov
-0001
Just Dial Restrained From Us...
In a recent significant judgement by the Delhi High Court regarding the non-exclusive agreemen...
30
Nov
-0001
Delhi High Court hits hard a...
Delhi High Court instructed Internet Service Providers (ISPs) to block user access to the URLs o...
30
Nov
-0001
Delhi High Court hits hard...
Delhi High Court instructed Internet Service Providers (ISPs) to block user access to the URLs o...