Copyright and Suprme Court of India

2008 (36) PTC 1 (SC)  Eastern Book Company     Vs  D.B. Modak & Anr.

Copyright to editorial and notes based upon the Court judgments/ verdicts was the issue in this case. The apex court after examining the law relating to the same has laid down that no one has copyright upon the text of judgments and verdicts. The apex court held that laying Copyright on the editorial notes of the judgment shall create multiple Copyright. The editorial notes or footnotes are not the creativity by the individual but resulting from the generic source i.e. court judgment and which falls within public domain. This case lays down new dimensions to the Copyright law and its interpretation. To lay any claim of Copyright, it is thus mandatory to have some creativity and novelty apart from skill and judgment.

IP Rights & Case study

This court case was filed by Microsoft against Mr. A. Jain, who was indulging into circulation of spurious and pirated copies of MICROSOFT WINDOW XP Professional Version 2002. The High Court of Delhi in its final judgment has held Mr. A. Jain liable for circulation of pirated editions of Microsoft software and also granted them damages of Rs. Five Lakhs.  Further the High Court of Delhi in contempt proceedings imposed fine of Rupees One Lakh for misbehaving showing utter disregard to the Court’s directions.

(2008 (36) PTC 346 (del.)   Microsoft Corporation Vs. A. jain)

Darjeeling Tea - GI & its Cancellation

A GI Cancellation application was filed by Shri Rajeev Saraf, New Delhi on various grounds earlier reported. Pursuant thereof, the GI Registry, India through its letter dated 27.04.2009 has advised the Proprietor i.e. Tea Board, Kolkotta to move for rectification of their GI.

The GI Registry is not bold enough to cancel the Darjeeling Tea GI but it flows from their conduct, as they have now advised the Darjeeling Tea owner Tea Board, Kolkotta to move for rectification. Whereas they hold no such legal sanctity. Apparently the Registry officials now feel cornered and are acting in cover up manner. 

They have always assumed power which is not legally vested. My continuous pleas qua wrong GI registration, unhealthy practices, illegal acts and consequently sending negative signals by the GI Registry is now vindicated.