Sunday, July 5, 2020

Held that a website could be classified as rogue when it was clear that its primary purpose was to provide unauthorized and infringing content to the public, the details of the owners were masked/untraceable, it was non-responsive to legal notices and contained directories or indexes to facilitate infringement of copyright. The Court noted that not […]

Held that the offence of infringement of copyright as provided under Section 63 of Copyright Act, 1957 is a non-cognizable and bailable offence.   IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:25.11.2019 + W.P.(CRL) 3422/2018 &CRL.M.A. 35858/2018 ANURAG SANGHI …..Petitioner versus STATE & ORS ….. Respondents Advocates who appeared in […]

Delhi HC Directs Telegram To Block Channels Providing ‘Dainik Jagran’ Newspaper In PDF Forms [Read Interim Order] Sanya Talwar 29 May 2020 8:08 PM The Delhi High Court on Friday passed an ad interim ex parte order against Telegram Mobile Internet application, directing them to block within 48 hours the channels providing PDF versions of […]

Bombay High Court declines to stay May 24 release of Netflix web series “Betaal” in copyright infringement suit Rintu Mariam Biju May 24, 2020, 9:00 AM IST   The Bombay High Court on Friday declined to grant interim relief in a copyright infringement plea seeking to stay the worldwide release of Netflix horror series “Betaal” on […]

What is the extent of intermediary liability ? Are they infringing copyrights of owners ? HELD (a) Sections 79 and 81 of the IT Act and Section 51(a) (ii) of the Copyright Act have to be read harmoniously. Accordingly, it is held that proviso to Section 81 does not preclude the affirmative defence of safe […]

Influx of ROGUE WEBSITE? Delhi High Court quoted “Whoops! The web is not the web we wanted in every respect”  Tim Berners-Lee, Inventor of Web, examined the issue in exparte judgement : HELD the real test for examining whether a website is a Rogue Website is a qualitative approach and not a quantitative one. Further […]

Civil Procedure Code, 1908 Order 1 Rule 10 – Copyright – Trademark – Infringement – Infringement of copyright and Trademark – HELD “defendant No.1 is a “rogue website” within the meaning of the judgment of this Court in UTV Software Communication Ltd. & Ors. vs. & Ors., 2019 (78) PTC 375 (Del) [CS(COMM) 724/2017 […]

The Viewpoint – A Stitch in Time saves Nine: Steps to Protect Intellectual Property of Start-Ups Bar & Bench Jul 14, 2019, 11:40 AM IST Meghna Mishra and Arjit Benjamin Start-ups are nowadays being looked at as a catalyst to an economy’s development, as they not only help in augmenting the overall GDP of the country […]

      2019  (77) PTC  379 (DELHI) DELHI HIGH COURT SINGLE BENCH RODERICK JOHN ANDREW MACKENZIE — Appellant Vs. HIMALAYAN HELI SERVICES PVT LTD. — Respondent ( Before : Mukta Gupta, J. ) Civil Suit (Os) No. 205 of 2009, 210 of 2009; Criminal Miscellaneous Appeal No. 5011 of 2009 Decided on : 08-01-2019 Copyright Act, 1957 – Section 15, […]

  Aparna Bhat LITIGATION NEWS Delhi HC directs Chhapaak filmmakers to give credit to lawyer Aparna Bhat in the film Aditi Singh Jan 11, 2020, 12:28 PM IST The Delhi High Court today directed makers of film, Chhapaak to give credit to the acid attack survivor, Laxmi Agarwal’s lawyer, Aparna Bhat, during the screening of the […]

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