Copyright “ The comparative advertising campaign should thus be ‘comparison positive’. Rules Delhi High Court August 15, 2019August 15, 2019 Indian IPR
Copyright The plaintiff’s case here relied upon a detailed comparison to urge that the Defendant’s advertisement — for a directly competing tyre product — was a “substantial and material copy” of the plaintiff’s cinematograph work represented by its TV advertisement.HELD on facts, the Court finds that the advertisements were different in substance and core message…….“certain amount of disparagement (of a rival) is implicit”. August 15, 2019August 15, 2019 Indian IPR
Copyright Registration is not a sine qua non for an action at law alleging infringement – It is not a pre-requisite for the plaintiff, who alleges infringement of a copyright but in law it is not necessary where artistic work vests in the plaintiff – Plaintiff has a legal right to complain of infringement of copyright August 7, 2019August 7, 2019 Indian IPR
Copyright Does an architect, as the creator and legal ‘author’ of a building having artistic significance, have the right to object to the modification or destruction of their work by the owner of the building? DH Court held “the court held in broad terms that the destruction of a work does not constitute a violation of the rights under Section 57, and also restricted the scope of moral rights to those expressly codified under the Copyright Act,” But earlier HELD “There would therefore be urgent need to interpret Section 57 of the Copyright Act, 1957 in its wider amplitude to include destruction of a work of art, being the extreme form of mutilation, since by reducing the volume of the authors creative corpus it affects his reputation prejudicially as being actionable under said section. Further, in relation to the work of an author, subject to the work attaining the status of a modern national treasure, the right would include an action to protect the integrity of the work in relation to the cultural heritage of the nation.” June 1, 2019June 1, 2019 Indian IPR
