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S. M. MODAK
Dattatray Bapu Dighe – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
S.M. MODAK, J.
1. The only issue arisen in this revision is “whether registration of a copyright is required” prior to launching a prosecution. Relx India Private Limited (REED ELSEVIER INDIA P. LTD.) Gurgaon, State of Haryana is engaged in the business of publishing books. They have authorised Eagle Eye Detectives Proprietor-Amiya Saxena to take action for publication of duplicated books in the name of the said company.
2. The first informant Saxena got information that such duplicated books are available at Jai Ambe Zerox at Parel. On 13 June 2017 one Jignesh Patel was found there and he has not noticed any duplicated books and materials. However, when he visited Janani Zerox, he foud Dattatraya Bapu Dighe- applicant present there. During search he found duplicated books shown to be published in the name of Relx India Pvt. Ltd. which costs about Rs.10,703/-. He has also seized hard disk of a computer. He found various folders in the computer containing the soft files of various books published by Relx India Pvt. Ltd.
3. He realised that the applicant has copied the books published by the company and that is how the provisions of the Copyright Act, 1957 (In short ‘Copyright
Registration of copyright is not mandatory for initiating criminal prosecution under the Copyright Act, as rights are conferred to the first owner without prior registration.
The court established that non-compliance with the Registrar's opinion requirement under the Trade Marks Act is an irregularity that does not invalidate the investigation or proceedings.
Where any offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for, the conduct of the b....
No prima facie case exists for copyright infringement in the sale of duplicate spare parts; FIR is quashed as an abuse of the court's process.
Point of law : Every copyright society already registered before the coming into force of the Copyright (Amendment) Act, 2012 shall get itself registered under this Chapter within a period of one yea....
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