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2004 Supreme(Mad) 1444
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE S.SARDAR ZACKRIA HUSSAIN
M/s.BinjRajka Steel Tubes Ltd., & Another - Appellant
Versus
State by Inspector of Police & Another - Respondents
Criminal Original Petition No.39226 of 2003 and Crl.M.P.No.10724 of 2003
Decided On : 08 November 2004
The central legal point established in the judgment is the interpretation and application of the Copyright Act, 1957, with regard to the infringement of copyright in the manufacturing of steel products.
Headnote:
Copyright Infringement - Manufacturing of Mild Steel Tubes - Copyright Act, 1957, Sections 2(c), 13, 14, 44, 45, 51, 63 - The court discussed the infringement of copyright with regard to the manufacturing of steel products, the definition of artistic work, the registration of copyright, and the offence of infringement of copyright under the Copyright Act, 1957.
Fact of the Case:
The petitioners sought to quash criminal proceedings initiated for alleged infringement of copyright in the manufacturing of mild steel tubes. The second respondent claimed to have invented specific diameters of mild steel tubes and filed applications for patent registration.
Finding of the Court:
The court dismissed the petition, directing the completion of the investigation and further actions by the police.
Issues: The issues revolved around the alleged infringement of copyright in the manufacturing of mild steel tubes, the definition of artistic work, and the registration of copyright under the Copyright Act, 1957.
Ratio Decidendi: The court held that the complaint warranted investigation to determine whether the manufacturing of steel tubes by the petitioners infringed the copyright of the second respondent, as claimed.
Final Decision: The petition was dismissed, and the police were directed to complete the investigation within the specified time.
This Petition is filed to quash the criminal proceedings initiated in Crime No.771 of 2003 pending investigation on the file of the Circle Inspector of Police, Town Police Station, Vaniyambadi.
2. The second petitioner/second accused in Crime No.771 of 2003 on the file of the Circle Inspector of Police, Town Police Station, Vaniyambadi, is the Managing Director of the first petitioner/first accused company which was incorporated under the Companies Act in 1981. The company is engaged in manufacturing the pipes for more than 21 years. The company has been manufacturing the pipes dia with the specifications of "Bureau of Indian Standards (BIS)" and Industrial Licence was also issued by the Government of India on 4.4.1986. The patent Copy Right is not applicable to the manufacturing of the pipes. The Steel Pipes manufactured by the first petitioner company are supplied to the customers of the State of Karnataka, Tamil Nadu and other States and which are used for heavy water project, Mechanical and General Engineering purpose and Gas chambers, etc., for about 20 years. One Mr.G.Kesavalu Naidu alias Kesavan of Mottur village of Vaniambadi Taluk, viz., the second respondent, lodged a private complaint before the District Munsif-cum-Judicial Magistrate, Vaniyambadi for the offence under Sections 420, 468 and 471 I.P.C. read with Section 63 of the Copy Right Act on 25.8.2003 and on forwarding the said complaint by the Judicial Magistrate, Vaniyambadi, the Vaniyambadi Town Police Station has registered the case in Crime No.771 of 2003 and investigation is pending. The complaint does not disclose any criminal act against the first petitioner company or the Directors. In the complaint, it is stated that the complainant/second respondent is having business at Bangalore and invented "Mild Steel Tubes" used for drilling of bore-wells having specific diameters and adopting specific engineering method. The complainant is using mild tube with outer diameter of 170 mm to 193.6 mm and he filed application on 2.1.2003 to obtain the Copy Right and another application for Trade Mark Registration for their Logo "GKT". It is claimed by the complainant that the accused are manufacturing the spurious pipes similar to the pipes manufactured and marketed by the complainant, because of which, many dealers are cheated resulting lesser sales of the product of the complainant and loss in business. It is also stated in the complainant that the dealers and Rig Owners, who are cheated, informed the complainant that they are getting supply of such duplicate and forged pipes similar to the product of the complainant without the Logo "GKT". The petitioners are manufacturing the Steel Pipes for more than 21 years as per the Indian Standard Specification for Steel Tubes for mechanical and General Engineering purposes IS - 3601 - 1984 having the dimension of the pipe ranging from 21.3 mm outer diameter to 406.4 mm outer diameter. The patent right and trade mark have not been obtained by the complainant and only applications are pending with Patent and Trade Mark Registration Offices and as such, there is no violation of Sections 51 and 62 of Copy Right Act and punishable under Section 63 of the Copy Right Act. The Copy Right Act can be invoked only in the case of the complainant having Registered Patent Right and Trade Mark Right and for violation of the same, Copy Right Act can be attracted.
3. The offences alleged under Sections 420, 468 and 471 I.P.C. are not applicable to the facts of this case. Section 63 of the Copy Right Act is also not attracted within the meaning of Section 2 Sub Clause (C) of the Act, as per which artistic work is defined. As per Section 24 of the Patents Act, 1970 and during the pendency of the application for Patent Right, the applicant shall not be entitled to institute any proceedings for infringement until the patent has been sealed. The Circle Inspector of Police, Vaniyambadi Town Police Station along with 2 Sub Inspectors a
