CHAPTER I - Introduction to Copyright Law

Alka Chawla: Law of Copyright

ALKA CHAWLA

Alka Chawla: Law of Copyright > Alka Chawla: Law of Copyright

Chapter I Introduction to Copyright Law

1. Introduction
Man is gifted with intellect that is used for the growth and development of himself and the society at large. The
continual process of learning and creating new knowledge with appropriate protection to the creator along with
accessibility of his work to the public forms the basis of all contemporary dynamic societies. A formal framework for
the "ownership" of the knowledge developed and the "sharing of benefits" between the creators and users of
knowledge is provided by a system of intellectual property rights (IPRs). By protecting intellectual property (IP) the
legal framework provides an incentive for creators to invest time and resources, to foster innovation and expand
knowledge.

Globally, there is a growing recognition of the fact that IP is the knowledge or information with a commercial value.
It is also being realized that future prosperity of nations will depend more upon their IP and less upon their natural
resources and physical assets such as factories, machines and office buildings as the economy of the twenty first
century will be knowledge based. 1 A number of studies conducted in different countries have concluded that newly
emerging copyright industries 2 are having a tremendous impact on the growth of national economies. 3 For
example, over 10% of GDP in Australia and USA, 8.5% in Korea, 6% in Netherlands is due to copyright industries.
These industries contribute nearly 4% – 7% to national employment also. The copyright industries are associated
with informative and entertainment value and include, inter alia , publishing, music, film, radio, television and other
broadcasting organizations and computer software.

Two decades ago IPR was put on the center stage of the world economic order by the World Trade Organisation
(WTO). The member States of WTO were mandated to follow prescribed minimum standards in twenty eight
subjects, one of them being IP. Intellectual property issues and concerns were therefore integrated with other global
issues like: multilateral trade negotiations, knowledge based models of economic development, protection and
exploitation of biodiversity resources, development and transfer of environmentally friendly technology, protection of
folklore and indigenous culture, and other aspects of economic and social development. Intellectual property,
therefore, started assuming a new centrality in the international community bringing IPRS to the forefront of socio-
economic and legal structures. 4

2. The Concept of Intellectual Property

Intellectual property, according to World Intellectual Property Organization (WIPO), broadly means the legal rights,
which result from intellectual activity in the industrial, scientific, literary and artistic fields. It is in the nature of an
intangible, incorporeal property. 5 Intellectual property is traditionally divided into two branches:
(i) Copyright and
(ii) Industrial property.

(i) Copyright law is further divided into two categories:

(a) copyright law in the strict sense of the word, i.e., the protection of intellectual creativity in literary,
artistic and musical works, etc. and
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(b) the law relating to neighbouring rights, namely the rights of performing artists, producers of
phonograms and broadcasting organizations.
(ii) Industrial property 6 includes: inventions in all fields of human endeavour; scientific discoveries; industrial
designs; trademarks, service marks, commercial names and designations; protection against unfair
competition; and all other rights resulting from intellectual activity in the industrial, scientific, literary or
artistic fields.

Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) which is one of the agreements under
World Trade Organisation (WTO), 1994 however, classifies IPR under seven heads, namely:
(i) copyright and related rights,
(ii) trade marks,
(iii) geographical indications, 7
(iv) industrial designs,
(v) patents,
(vi) layout designs (topographies) of integrated circuits, 8
(vii) protection of undisclosed information including trade secrets.

This classification was undertaken so as to bring harmonization of the standards and principles of
protection of IPRS with a well defined dispute settlement machinery.

India is a member both of WIPO and WTO. As a part of its international obligation India has enacted
laws on different heads of intellectual property. In India, the governing law on copyright and related
rights is the Copyright Act, 1957, as amended by (Amendment) Act of 1983, 1984, 1994, 1999 and
2012 and Copyright Rules 1958, as amended in 1995 and the International Copyright Order, 1999 as
amended in 2000. The governing law on trade marks is the Trade Marks Act, 1999, which has
repealed the Trade Marks and Merchandise Marks Act, 1958. To protect geographical indications, the
Geographical Indications of Goods (Registration and Protection) Act, 1999 was enacted by the Indian
Parliament on 30.12.1999. The Industrial Designs Act 2000 has replaced the Designs Act of 1911 as a
sequel to TRIPS. The Patents Act, 1970 deals with patents and it was amended in 1999, 2002 and
2005. For plant varieties, India has the Protection of Plant Varieties and Farmers Right Act, 2000. India
has also enacted the Semiconductor for Integrated Circuits Layout Designs Act, 2000. Undisclosed
information or trade secrets, though not a subject matter of protection under any legislation, are
nonetheless accorded common law protection by Indian courts.

3. General Principles Governing Copyright Law

There are certain considerations and principles, which run through the whole of copyright law. These are listed
hereunder:

(a) Statutory right

The copyright law is governed by a statute. The statutory law on copyright in India is contained in the Copyright Act,
1957. All statute references in this book are to the 1957 Act as amended in 2012. Section 16 of the Act specifies
that no person shall be entitled to copyright or any similar right in any literary, dramatic, musical, artistic work
whether published or unpublished, otherwise than under and in accordance with the provisions of this statute. 9

(b) Formalities for obtaining copyright

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In India, copyright comes into existence as soon as a work is created and no formality is required for acquiring
copyright. The vesting of copyright in a work is thus automatic. The procedure for registration is optional and not
mandatory. 10 Registration is only intended to provide a prima facie evidence of the particulars entered in the
Register. 11 There is a Register of Copyright at the Copyright Office. 12 Published and unpublished works can be
registered under the Act. Copyright in works published before 21st January, 1958 i.e. before the Copyright Act,
1957 came into force can also be registered, provided the work still enjoys copyright.

(c) Functions of modern copyright system

Copyright system performs a number of functions in the society. According to Neil Weinstock, 13 copyright system
performs the following functions in a civil society.
(i) Production function . Copyright provides an incentive 14 for creative expression on a wide array of political,
social, and aesthetic issues and, thus, bolsters the discursive foundations for democratic culture and civic
association. Copyright law in almost all nations is designed to foster the creation and public communication
of original expression. In fostering the production and dissemination of fixed original expression concerning
a broad range of political, social, cultural and aesthetic matters, copyright promotes the democratic
character of civil society. The dissemination of expression is a fundamental building block of any
democratic institution.
(ii) Structural function. Copyright is vital to maintaining the democratic character of public discourse in civil
society. It supports an independent market-based sector of authors and publishers as the government
administrators and private patrons do not meddle in their expressive content.
(iii) Development function. Copyright has a special role in the context of development, particularly since the
1950s when the political map of the world changed considerably. During this period several States
progressively became independent and other States were newly created. In such a scenario, developing
countries had to cope with the enormous problems of educating the vast masses of their people. 15 For
education, teaching material including the literary, artistic and scientific works had to be created by authors
originating in the community to which the works were addressed. In many developing countries, there was
a shortage of specialists in certain areas of knowledge. This could not be set in motion without guarantees
to the author of adequate remuneration for their efforts. Copyright system thus supplied a vital incentive for
authors and publishers to contribute to this store of knowledge.

(d) Balancing act under copyright system

Contribution to the store of wealth in society has to be coupled with the citizen’s right to have access to this
accumulated wealth for the purposes of effective participation in civil association. A critical issue in copyright law is
how to balance the tension between the copyright proprietor’s desire to restrict access of the copyrighted works
only to those willing to pay for such access and the public’s interest in freely using the protected work. The balance
is provided by the doctrine of " Fair dealing" and provision for non-voluntary licenses in specific situations. These
doctrines allow copying of a copyrighted work in certain situations, without deeming the copier an infringer. The
balancing factor in favour of public interest is seen in the ways in which the copyright legislation permits such types
of acts in relation to copyright work. For example, section 52 of the Copyright Act, 1957 permits, inter alia , fair
dealing of work for the purposes of research or private use ; section 31B provides for compulsory license for the
benefit of the disabled and section 31 for the published works withheld from public.

(e) Subject matter of copyright protection

Practically all national copyright laws provide for the protection of the following types of work: literary works which
include novels, short stories, poems, dramatic works, musical works whether serious or light, songs, choruses,
operas; artistic works whether two dimensional or three dimensional, maps and technical drawings, photographic
works, motion pictures, sound recordings, computer programmes etc. The subject matter of copyright protection in
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India is given under section 13 of the Indian Copyright Act.

(f) Copyright vests in original work

The copyright vests in original literary, dramatic, musical and artistic works. The idea of originality is to protect
works that have originated from the author himself and are not copied from another. Copyright protection is given to
original literary, dramatic, musical and artistic works and not to ideas and, therefore, it is original skill or labour in
execution of the work, and not originality of thought, which is required. The word " original " does not, in this
connection, mean that the work must be the expression of original or inventive thought; the originality required
relates to the expression of thoughts. 16 A mere copyist does not obtain copyright in his copy. 17 A work like
abridgement, compilation, translation etc. are, however, original even though the author has drawn on knowledge
common to him and others, 18 or has used already existing material. The word "original" is not prefixed with
cinematograph films and sound recordings as they are derivative works. The concept of "originality" is discussed in
detail under Chapter III.

(g) Copyright does not vest in an idea

Copyright protection extends to expressions and not to ideas, procedures, methods of operation or mathematical
concepts as such. 19 What is protected is not original thought or information, but the original expression of thought
or information in some concrete form as the author is both a user of ideas developed by others and a creator of new
ideas. Consequently, it is only an infringement if the defendant has made an unlawful use of the form in which the
thought or information is expressed. The defendant must, to be liable, have made a substantial use of this form; he
is not liable if he has taken from the work the essential idea, however original, and expressed the idea in his own
form, or used the idea for his own purposes. 20 Ideas may, however, be protected under other laws like doctrine of
unjust enrichment, quasi -contract or breach of trust or confidence.

Example : If X discloses an idea to Y on the implicit understanding that if Y uses the idea he will pay X. X will be
protected under the doctrine of quasi contract or unjust enrichment but not law of copyright. 21 Delhi High Court 22
had few occasions to deal with somewhat similar situations but it decided the cases under the copyright law and
held that when an idea is converted into a concept, it becomes copyrightable.

(h) Copyright and independent creation

Copyright operates to prevent a person from copying the copyright work. In so far as it is possible for a person to
create the same or similar work independently, there is no copyright infringement. Similarity of the infringing work to
the author’s or proprietor’s copyrighted work does not of itself establish copyright infringement if the similarity
results from the fact that both works deal with the same subject or have a common source. Nevertheless, it is the
unfair appropriation of the labour of another that constitutes legal infringement. 23

(i) Copyright is a bundle of rights

The word copyright is not a singular term but it refers to three bundles of rights under the copyright legislation:
(1) The exclusive economic rights . The enumeration of the author’s exclusive economic rights under different
international conventions and various national legislations is not uniform. Several rights overlap and the
precise scope of each right varies from one country to another. Nevertheless, Berne Convention, the
Universal Copyright Convention and virtually every national copyright statute has the following basic
economic rights or their equivalents:
(a) The reproduction right
(b) The adaptation right
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(c) The distribution right

(d) The public performance right
(e) The broadcasting right
(f) The cable casting right
(g) The rental right.

In India these rights are enumerated under section 14 of the Copyright Act, 1957.

(2) Moral rights or special rights of the author. Independently of the author’s economic rights, and even after
the transfer of the said rights, the author has the moral rights. 24 These moral rights include:
(i) the paternity right or the right to claim authorship of the work; and
(ii) integrity right or the right to object to any distortion, mutilation or other modification of the work. The
amendment of 2012 has inserted a new section 38B whereby moral rights have been ascribed to the
performers also. The two rights granted are the right of identification as a performer of his performance
and integrity right.
(3) Neighbouring or related rights. Special rights are given to broadcasting organizations and performers under
sections 37 and 38 of the Copyright Act. These are referred to as "neighbouring rights" under International
conventions

(j) Split copyright

Copyright is a bundle of rights, therefore, it can be split and exploited in different ways.

Example: Anand, the copyright owner in the novel can transfer to separate parties different rights belonging to him
under the single term ‘copyright’. Anand assigns the right of adaptation to B, the dramatist; right to make a film with
respect to novel to H, the producer of the film; the right to issue copies of the book by publishing to I, the publisher
and right of translation to K for translation in Tamil and to P to translate in Punjabi, etc.

(k) Negative right

Copyright imposes a negative duty on others, that is, prohibits others from exploiting the work of the author for their
own benefit without the consent or license of the author. The general principle, therefore, is that the protected works
cannot be used without the authorization of the owner of the rights.

(l) A right with limitations

Copyright is not an absolute right of the owner. It is subjected to following limitations:

(i) Temporal limitation : Copyright does not continue indefinitely. The law provides for a period of time, a
duration during which the economic rights of the copyright owner exist. Thereafter the work falls in the
public domain i.e. anyone can make use of the work without permission from the legal heirs of the
copyright owner. 25
(ii) Permitted use or Fair use or Fair Dealing doctrine : Certain acts normally restricted by copyright may, in
circumstances specified in the law, be done without the authorization of the copyright owner. This is
commonly referred to as free uses of the work or fair dealing doctrine. 26 Such examples include, inter alia,
reproduction of work for research or exclusively for the personal and private use of the person who makes
the reproduction etc.
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(iii) Geographical limitation : The owner of the copyright in a work is protected by the law of the country against
acts restricted by copyright which are done in that country.
(iv) Non-voluntary licenses: The laws of some countries permit the use of protected works without
authorization, provided that fair remuneration is paid to the owner of the copyright.

(m) Concurrent copyright

It is very often assumed when a book or a cassette is sold or a film exhibited or drama performed on stage that
somebody owns ‘the’ copyright. This is a misnomer, as a number of copyright interests can exist at the same time.

Example : Anand is the author of a novel " Swayamwar " having copyright in the novel which is a literary work. B
converts it into a drama for the purposes of staging it in a theater. B has a copyright in the dramatic work. C, D, E
and F, the four actors of the play have rights in their performance and G, the music composer has a copyright in the
music. When the play is staged on the theatre all B, C, D, E, F, G are the owners of some copyright or the other. In
practice all assign their copyright to H, the event manager of the show. The copyright of novelist, dramatist, music
composer and rights of performers would now vest in H only because of the assignment.

(n) Overlap between copyright and industrial designs

According to section 15 of the Copyright Act, copyright does not vest in any design which is registered under the
Designs Act, 2000 or which is capable of being registered but which has not been so registered and has been
reproduced more than fifty times by an industrial process by the owner of the copyright. 27

(o) Civil and criminal remedies and border measures

There are three types of remedies against infringement of copyright in various works.

Civil remedies which include injunction, damages and account of profits, delivery of infringing copies and damages
for conversion.

Criminal remedies provide imprisonment of the accused or imposition of fine or both; seizure of infringing copies
and delivery up of infringing copies to the owner of the copyright.

Administrative remedy is available to the owner of copyright against importation of infringing copies. In India, the
Registrar of copyright is empowered to make an order prohibiting the importation into India of such copies on an
application of the owner of the copyright in any work or his duly authorized agent.

(p) Eligibility for copyright protection in India

Copyright subsists both in published and unpublished work. An owner of copyright can get protection in India in his
unpublished work if on the date of making of the work he is a citizen of India or domiciled in India. 28 In the case of a
published work, the work has to be first published in India. If the work is first published outside India, then the author
on the date of publication should be a citizen of India. In case the author is dead on the date of publication, then on
the date of his death he should have been citizen of India. If the work is a work of joint authorship then the
conditions have to be satisfied by all the authors.

If the subject matter of protection is a "work of architecture" then only the location of work is important and not the
residence or citizenship of the author. The artist of the work of architecture gets protection under the Act if the work
is located in India. 29

The Berne Convention states 30 that the owner of the copyright in a work is protected by the law of the country
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against acts restricted by copyright, which are done in that country. For protection against such acts done in
another country, he must refer to the law of the other country. If both countries are members of one of the
international conventions on copyright, the practical problems arising from this geographical limitation are
minimized. 31

POINTS TO REMEMBER
1. India is a member of Berne Convention, Universal Copyright Convention, World Intellectual Property
Organization (WIPO) & World Trade Organization (WTO).

2. Intellectual Property is divided into seven heads according to Agreement on Trade Related Aspects of Intellectual
Property Rights (TRIPs) of WTO : Copyright, Trademarks, Geographical Indications, Industrial Designs, Patents,
Layout Designs (Topographies) of Integrated Circuits, Protection of Undisclosed Information including trade secrets

3. India has separate legislations for all the heads except undisclosed information which is taken care of by the
common law.

4. The Copyright Act, 1957 as amended in 2012 is the governing law in India.

5. Copyright vests in original literary, dramatic, musical and artistic works; cinematograph films; and sound
recordings.

6. Copyright protection extends to expressions and not to ideas, procedures, methods of operation or mathematical
concepts.

7. Copyright vests automatically in a work. The requirement of registration is optional.

8. The copyright law tries to create a balance between the rights of the copyright owners and the right of public to
the access of work.

9. Copyright is not a singular term. It refers to three bundles of rights namely, Exclusive Economic Rights (EERs),
Moral Rights (MRs) and Neighbouring Rights (NRs). EERS are given under section 14, the MRS are provided by
section 57.

10. International conventions recognize three neighbouring rights:

(a) Rights of producers of sound recording (section 14 (e) of the Copyright Act )
(b) Rights of performers (section 38 and 38A of the Copyright Act)
(c) Rights of broadcasting organizations (section 37 of the Copyright Act )

11. Copyright has a temporal duration. After the expiry of the term the work falls in the public domain. The term of
copyright is sixty years from first January of the calendar year next following either the date of death of the author or
the date of publication, whichever is applicable according to the Act.

12. The exclusive economic rights are not absolute rather they are limited by the fair dealing provisions provided
under section 52 and provisions for compulsory and statutory licenses.

13. The Act provides for three kinds of remedies for infringement of copyright: civil, criminal and administrative.

14. A work falls into public domain: (1) if the author relinquishes his rights or (2) The term of protection of copyright
is over.

1 In United States of America tangible assets formed 62% of the value of industrial companies in 1982 whereas in 1992
it got reduced to 38%. Similarly the share of knowledge intensive industries increased from 21% of GNP in 1982 to 27%
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in 1992 in USA: Michael K. Kirk, Intellectual Property – A Development Perspective. The Role of Intellectual Property
System in Promoting Creativity, Technology Development and Transfer, Trade and Investment , paper presented at
WIPO Asia – Pacific Regional Forum on Policy Imperatives and Role of Institutions in Implementing a Public Outreach
Strategy for Intellectual Property organized by Ministry of Commerce et.al , WIPO/IP/DEC/02/6 (d) ii, 2 (September 4 –
6, 2002).
2 W.R. Cornish , Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights (London: Sweet and Maxwell
2nd ed., 1995) p. 258.
3 See, WIPO, WIPO Studies on the Economic Contribution of the Copyright Industries (2012) available at
http://www.wipo.int/ip-development/en/creative_industry/pdf/economic_contribution_ analysis_2012.pdf accessed on 1
February 2013. 6.6% of the GDP in Sweden (in 1970s); 3.6% of GDP in United Kingdom (in 1990) ; 2.9% of GDP in
Germany (1996); 5.2% of GDP in Netherlands (1994); 4.3% of GDP in United States (1997); 5.24% of GDP in United
States (2001); 4.1% of GDP in Finland (1997) is due to copyright industries: Henry Olsson, Intellectual Property and
Trade , WIPO/IP/DEL/02/6 (d) ii (August 29-31, 2001); Shahid Ali Khan, Intellectual Property and its Role : Key
message , WIPO/IP/DEL/01/4, Delhi (August 29-31, 2001); Prabuddha Ganguli, Intellectual Property Rights Unleashing
the Knowledge Economy (New Delhi: Tata Mcgraw Hill 2001) p. xxi. ; Study conducted by International Intellectual
Property Alliance, Copyright Industries in the US Economy, The 2011 Report available at
http://www.iipa.com/copyright_us_economy.html. accessed on 1 February, 2013.
4 Shahid Ali Khan, Socio-Economic Benefits of Intellectual Property Protection in Developing Countries (Geneva: WIPO,
2000) p. 8.
5 WIPO, Intellectual Property Reading Material (1995) p. 5.
6 International instruments in the area of industrial property are: Paris Convention for the Protection of Industrial Property
(1883); Patent Cooperation Treaty (PCT) (1970); Strasbourg Agreement Concerning the International Patent
Classification (1971); Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the
Purpose of Patent Procedure (1977); International Union of the Protection of New Plant Varieties; The Geneva Treaty
onthe International Recording of Scientific Discoveries (1978); Hague Agreement Concerning the International Deposit
of Industrial Designs (1925); Locarno Agreement Establishingan International Classification for Industrial Designs
(1968); Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of
Registration of Marks (1957); Madrid Agreement Concerning the International Registration of Marks (1981); Protocol
relating to the Madrid Agreement Concerning the International Registration of Marks (1989); Trade Mark Law Treaty
(1994); Community Trademarks (1996).
7 See Lisbon Agreement for the Protection of Appellations of Origin and their International Registration (1958).
8 See Washington Treaty on Intellectual Property in Respect of Integrated Circuits (1989).
9 See, Gramophone Company of India Ltd. v. D.B.Pandey (1984) 2 SCC 534 [LNIND 1984 SC 51].
10 The Copyright Act, 1957, section 45
11 Ibid., section 48.
12 Ibid. , section 44.
13 Netanel Neil Weinstock, Copyright and Democratic Civil Society, 106 The Yale Law Journal (1996) p. 283
14 See, Deepak Printery, Ahmedabad v. The Forward Stationary Mart 1981 PTC 186 (Guj.): Held, the object of copyright
law is to protect authors and artists from being exploited.
15 WIPO, Intellectual Property Reading Material (1995) p. 189.
16 Per Peterson J. in University of London Press Ltd. v . University Tutorial Press Ltd . (1916) 2 Ch. 601at 608; cited with
approval in: Macmillan & Co. Ltd. v . Cooper K & J (1923) 40 T.L.R. 186; Ladbroke Football Ltd. v . William Hill
(Football) Ltd . (1964) I.W.L. R. 273at 277.
17 See per Lord James in Walter v . Lane (1900) A.C. 539 at 554; Barfield v . Nicholson (1824) 2 Sim. and Stu. ;
Leslie v . Young J. (1894) A.C. 335 .
18 University of London Press v . University Tutorial Press (1916) 2 Ch. 601; Rupendra Kashyap v . Jiwan Publishing
House 1996 PTC 439 (Del).
19 See WIPO Copyright Treaty, 1996, Article 2; and TRIPS, 1994, Article 9 (2). It clarifies the scope of copyright
protection. Such a provision is neither present in the Berne Convention for the protection of Literary and Artistic Works
nor in the Copyright Act, 1957 of India. The principle is, however, followed by the judiciary.
20 Hollinrake v. Truswell (1894) 3 Ch. 420; Mc. Crum v. Eisner (1918) 87 I.J. Ch. 99; Wilmer v. Hatchin & Co . (1936) Mac.
C.C. 13.
21 See Minnear v. Tors. 226 Cal. App. 2d 495 (1968).
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22 See Anil Gupta v. Kunal Dasgupta 2002 (25) PTC 1 (Del); Zee Telefilms Ltd. v. Sundial Communication 2003 (27) PTC
457 (Bom)(DB); Urmi Juvekar Chiang v. Global Broadcast News Ltd. 2008 (36) PTC 377 (Bom).
23 R.G. Anand v . Deluxe Films AIR 1978 SC 1613 [LNIND 1978 SC 201].
24 The Copyright Act, 1957, section 57, refers to the moral rights as "author’s special rights". See also The Berne
Convention, Article 6 bis. For details, see Chapter VI. infra .
25 See sections 22, 29, Indian Copyright Act,1957.
26 See, Berne Convention, Article 9, 10, 10 bis; section 52; Article 13, TRIPS, 1994; Article 10, WCT, 1996.
27 See Lavato S.P.A. v. Previndha Jagivadas Mehta 2008 (36) PTC 353 (CB); Leo Food v. Nutrine Confectionary Co. (P)
Ltd. 2008 (36) PTC 358 (CB); Ramesh Chand Sole Proprietor v. Rikhab Chand Jain, Sole Proprietor 2010 (44) PTC 39
(CB); Dalip Kumar Sohan Lal Maheshwari v. Narayan Atluram Chaattija 2010 (43) PTC 614 (CB) Godrej Consumer
Products Ltd. v. Ashok Kumar Jain 2010 (43) PTC 606 (CB).
28 Section 13 (2)(ii), Copyright Act, 1957.
29 Inserted by Act 34 of 1994, w.e.f. 10/05/1995.
30 Article 9 (2), 10, 10 bis, 14 bis (2)(b), 11 bis (2) and 13 (1).
31 TRIPS, 1994, Article 13.

End of Document