All Trademark Disputes Aren't Outside Arbitration; In Personam Issues Relating To License Agreement Arbitrable : Supreme Court

The Supreme Court recently held that a mere allegation of fraud or misconduct does not divest an arbitral tribunal of its jurisdiction to adjudicate in personam disputes stemming from contractual relationships governed by an arbitration agreement.“The law is well settled that allegations of fraud or criminal wrongdoing or of statutory violation would not detract from the jurisdiction of the arbitral tribunal to resolve a dispute arising out of a civil or contractual relationship on the basis of...

Copyright Claim Over Songs In Restaurants: Supreme Court Stays Delhi HC Direction In Phonographic Performance Ltd's Plea

The Supreme Court has stayed Delhi High Court's direction to Azure Hospitality Pvt. Ltd. to pay Phonographic Performance Ltd. (PPL) as per the tariff of Recorded Music Performance Ltd. (RMPL), as if PPL were a member of RMPL, for playing songs from PPL's catalogue.A bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan issued notice in PPL's special leave petition challenging the judgment of the division bench of the High Court that modified a temporary injunction granted by a single judge...

Supreme Court Lays Down Twin Test To Resolve Copyright–Design Conflict Under S15(2) Of Copyright Act

The Supreme Court today (April 15) resolved an ambiguity under the intellectual property (IP) law, by resolving the overlap between 'design' and 'copyright' protection under Section 15(2) of the Copyright Act. Section 15(2) of the Copyright Act specifically deals with designs capable of being registered under the Designs Act, 2000, and the limit of copyright protection in such cases. The copyright protection to such design ceases if the design remains unregistered and is industrially...

In Suit For Passing Off, Plaintiff Required To Prove Figures Of Sale/ Advertisement Expenses To Establish Goodwill : Supreme Court

The Supreme Court has reiterated that in a suit for passing off, for establishing goodwill of the product, it is necessary for the plaintiff to prove not only the figures of sale of the product but also the expenditure incurred on promotion and advertisement of the product. The Court was hearing an appeal against the decision of the High Court, who had stayed the execution of the decree passed by the Triall Court in favour of the appellant-plaintiff in a suit for copyright infringement and...

Section 63 Copyright Act - Copyright Infringement Is A Cognizable & Non Bailable Offence: Supreme Court

The Supreme Court held that the offence of copyright infringement under Section 63 of the Copyright Act is a cognizable and non ­bailable offence.If the offence is punishable with imprisonment for three years and onwards but not more than seven years the offence is a cognizable offence, the bench comprising Justices MR Shah and BV Nagarathna observed. BackgroundThe appellant had filed an application under Section 156(3) Cr.P.C. and sought directions from the Chief Metropolitan ...

Supreme Court Dismisses Director SJ Suryah's Plea For Injunction Against Hindi Remake Of Tamil Film 'Valee'

A Supreme Court bench of Justices MR Shah and BV Nagarathna recently upheld Madras High Court's order dated November 12, 2021 of refusing to grant injunction against the remake of the Tamil film "Valee".SJ Suryah, the director of the 1999 film starring Ajith and Simran, had approached the Top Court. Dismissing his petition, the Top Court in the order dated April 25 said, "We have heard Mrs. V. Mohana, learned Senior Advocate, appearing for the petitioner for about half an hour...

'Court Cannot Rewrite Statutory Language' : Supreme Court Sets Aside Madras HC Order Reading Down Advance Notice Condition For Broadcasters Under Rule 29(4) Of Copyright Rules

The Supreme Court set aside an interim order passed by the Madras High Court in a writ petition filed by some broadcasters/FM Radios challenging Rule 29(4) of Copyright Rules, 2013."Craftsmanship on the judicial side cannot transgress into the legislative domain by re-writing the words of a statute. For then, the judicial craft enters the forbidden domain of a legislative draft.", the bench of Justice DY Chandrachud and BV Nagarathna observed in the case Saregama India Limited vs. Next Radio...

Counter-Productive To Exercise Powers Under Patents Act Over COVID Vaccines, Drugs At This Stage, Centre Tells Supreme Court

The Centre has told the Supreme Court that it is not in favour of exercising powers under the Patents Act, such as compulsory licensing or government authorization, over COVID-19 vaccines and medicines at this stage.In an affidavit filed before the top court, the Central Government has said that it is engaging in diplomatic level talks with other nations for procurement of vaccines and medicines, and any discussion on exercise of statutory powers under Patents Act will be counter-productive at...

Why Centre Not Considering Compulsory Licensing For COVID Drugs Like Remdesivir, Tocilizumab? Supreme Court Asks

The Supreme Court on Friday asked the Central Government why it was not considering invoking the powers under the Patents Act for compulsory licensing or government authorized use for drugs like Remdesivir, Tocilizumab, Favipiravar, which are used for treating COVID-19 patients.A bench comprising Justices DY Chandrachud, L Nageswara Rao and S Ravindra Bhat raised the query while considering the suo moto case on COVID-19 issues (In Re Distribution of Essential Supplies and Services During...

Amounts Paid By Indian Companies To Use Foreign Software Not 'Royalty';Not Income Taxable In India; No TDS Liability : Supreme Court

Settling an important issue in the income tax law, the Supreme Court on Tuesday held that the amounts paid by Indian companies for the use of softwares developed by foreign companies do not amount to 'royalty' and that such payment do not give rise to income which is taxable in India.Therefore, there is no liability for Indian companies to deduct tax at source with respect to purchase of software from foreign companies."..the amounts paid by resident Indian end-users/distributors to ...

Google Book Scanning Project: Author’s Guild approaches US Supreme Court [Read Petition]

American organization for writers, Authors Guild has petitioned the US Supreme Court, seeking review of the Court of Appeals ruling which had upheld the Google book scanning project as legal.In October last year, US Appeals Courts had affirmed the judgment by the Court below, and held that Google’s unauthorized digitizing of copyright-protected works, creation of a search functionality, and display of snippets from those works are non-infringing fair uses. You may read more about the ruling...

No Copyright subsists in the "title" of a Literary Work: Supreme Court [Read Judgment]

The Supreme Court in a landmark judgment held that no copyright subsists in the title of a literary work. The Hon'ble Apex Court bench comprising of Justices Madan B Lokur and S.A. Bobde was considering a criminal appeal preferred by Krishika Lulla and others against the order of Bombay High Court refusing to quash a complaint and process issued under Section 63 of the Copyright Act, read with Sections 406 and 420 of the Indian Penal Code, 1860.The complainant Shyam...