Tuesday, May 18, 2010

Copyright Act, 1957 Section 2(c)

Civil Procedure Code, 1908
Order 39 Rules 1 & 2

Infringement of the Plaintiffs' copyright in their drawings. Illustration of Copper plates shows not only similarity but identical dimensions . Plaintiffs' former employees are presently Defendants' employees . The case of theft coupled with recovery of the drawings show access to the Plaintiffs' drawings by the Defendants. Recovery of the stolen copies of the Plaintiffs' drawings shows not only similarity, but identical dimensions in the Defendants' sketches — Drawings show no appeal and only mechanical devices and machine parts to perform specified functions -Plaintiffs' drawings are, therefore, not design rather are artistic works — Its theft, copying, and subsequent use constitute infringement under Section 2(m) of the Plaintiffs' copyright under Section 14(c)(l) — Defendants restrained from using the drawings.

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